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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IMAGE BEYOND IMAGINATION (Trade Mark: Opposition) [2007] UKIntelP o27907 (24 September 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o27907.html
Cite as: [2007] UKIntelP o27907
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IMAGE BEYOND IMAGINATION (Trade Mark: Opposition) [2007] UKIntelP o27907 (24 September 2007)
For the whole decision click here: o27907
Trade mark decision
- BL Number
- O/279/07
- Decision date
- 24 September 2007
- Hearing officer
- Mr M Reynolds
- Mark
- IMAGE BEYOND IMAGINATION
- Classes
- 09
- Applicants
- Samsung Electronics Co Ltd
- Opponents
- Thomson
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition Successful
Points Of Interest
- Reliance on judgements in other jurisdictions; “if the position should be considered different in the UK it was open to the applicant to deal with the matter through evidence or submissions”.
Summary
The opposition was based on the opponents’ CTM, IMAGE AND BEYOND , in Classes 9, 35, 38 and 41. The Hearing Officer described the applied for specification as “cryptic in terms of meaning”, and was forced to rely reluctantly on the judgement of a French court in parallel opposition proceedings. This appeared to confirm that identical goods were involved. He found the marks to be “similar to a significant, but not the highest degree”. Overall, he found a likelihood of confusion and the opposition succeeded accordingly.