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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE ENGLISH TEAM device of a tick (Series of 4) (Trade Mark: Opposition) [2007] UKIntelP o35307 (4 December 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o35307.html
Cite as: [2007] UKIntelP o35307
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THE ENGLISH TEAM device of a tick (Series of 4) (Trade Mark: Opposition) [2007] UKIntelP o35307 (4 December 2007)
For the whole decision click here: o35307
Trade mark decision
- BL Number
- O/353/07
- Decision date
- 4 December 2007
- Hearing officer
- Mr C Bowen
- Mark
- THE ENGLISH TEAM & device of a tick (Series of 4)
- Classes
- 14, 16, 18, 21, 24, 25, 26, 28, 30
- Applicants
- The England Team Limited
- Opponents
- Grotto S.p.A.
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- Costs in proceedings before the Registrar; address for service.
Summary
The opposition was based on CTM registrations of the opponents’ ‘tick’ device bearing the words ‘GAS’ and, in some versions ‘BLUE JEANS, GAS’. These were registered in respect of goods which, it was agreed, were identical with those specified in the application. The Hearing Officer found no oral or conceptual similarity in the marks and only a very minimal degree of visual similarity.
Overall, he found no likelihood of confusion and the opposition failed accordingly.
The Hearing Officer made an award of costs which reflected the fact that the applicants’ extra expenditure had been caused by their own failure to maintain contact with their address for service.