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United Kingdom Intellectual Property Office Decisions
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Device silhouette of a moose (Trade Mark: Opposition) [2008] UKIntelP o21908 (4 August 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o21908.html
Cite as:
[2008] UKIntelP o21908
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Device silhouette of a moose (Trade Mark: Opposition) [2008] UKIntelP o21908 (4 August 2008)
For the whole decision click here: o21908
Trade mark decision
- BL Number
- O/219/08
- Decision date
- 4 August 2008
- Hearing officer
- Mr G Salthouse
- Mark
- Device silhouette of a moose
- Classes
- 25, 35
- Applicants
- Edison Limited (now Elkparts Ltd)
- Opponents
- A & F Trademark Inc
- Opposition
- Section 5(2(b)
Result
Section 5(2)(b): Opposition successful for the most part.
Points Of Interest
Summary
The opposition (which also cited Sections 5(1) & 5(2)(a)) was based on a number of marks which also consisted of ‘moose’ devices (both silhouetted and unsilhouetted) in Classes 3, 14, 18, 25 & 35. The Hearing Officer concluded that there was a high degree of visual, aural and conceptual similarity in the marks and confusion was likely in respect of clothing and retail of clothing. The application was permitted to proceed with a much reduced specification.