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United Kingdom Intellectual Property Office Decisions
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HAPPY BOX (Trade Mark: Opposition) [2008] UKIntelP o04608 (18 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04608.html
Cite as:
[2008] UKIntelP o4608,
[2008] UKIntelP o04608
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HAPPY BOX (Trade Mark: Opposition) [2008] UKIntelP o04608 (18 February 2008)
For the whole decision click here: o04608
Trade mark decision
- BL Number
- O/046/08
- Decision date
- 18 February 2008
- Hearing officer
- Mr O Morris
- Mark
- HAPPY BOX
- Classes
- 35
- Applicant
- Happy Box London Limited
- Opponent
- Lightbulb Ventures Ltd
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(a): Opposition successful.
Points Of Interest
Summary
The opponent owns a registration of the mark Boxhappy in Class 35 in respect of identical and similar services as those of the applicant. Essentially both parties offer retail services in respect of a range of products including gift products.
Under Section 5(2)(b) the Hearing Officer compared the respective marks HAPPY BOX and Boxhappy. As both marks consist of the same two words BOX and HAPPY the Hearing Officer considered the marks to be visually and aurally similar. He also thought them to have some conceptual similarity Taking imperfect recollection into account the Hearing Officer decided that the respective marks were similar. He went on to find the opponent successful in its opposition on this ground.