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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> K2 Performance Systems (Trade Mark: Opposition) [2008] UKIntelP o23908 (15 August 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o23908.html
Cite as: [2008] UKIntelP o23908

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K2 Performance Systems (Trade Mark: Opposition) [2008] UKIntelP o23908 (15 August 2008)

For the whole decision click here: o23908

Trade mark decision

BL Number
O/239/08
Decision date
15 August 2008
Hearing officer
Mr M Reynolds
Mark
K2 Performance Systems
Classes
41
Applicants
K2 Performance Systems Ltd
Opponents
K-2 Corporation
Opposition
Section 5(2)(b)

Result

Section 5(2)(b)

Points Of Interest

  • Conceptual similarity: “…. When marks converge on the same idea, the conceptual identity can override stylistic differences.”

Summary

The opposition was based on two CTMs. K2 and K2 (stylised with device) registered in Class 41.

The Hearing Officer found the services to be identical and went on to consider the marks and other relevant factors. In the result he found the marks to be similar despite the stylistic differences and on a global appreciation he found a likelihood of confusion.


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