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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> METRO (plus suffix) + (Trade Mark: Opposition) [2008] UKIntelP o24308 (22 August 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o24308.html
Cite as: [2008] UKIntelP o24308
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METRO (plus suffix) + (Trade Mark: Opposition) [2008] UKIntelP o24308 (22 August 2008)
For the whole decision click here: o24308
Trade mark decision
- BL Number
- O/243/08
- Decision date
- 22 August 2008
- Hearing officer
- Mr M Foley
- Mark
- METRO (plus suffix) +
- Classes
- 03, 05, 06, 08, 09, 14, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 39, 42
- Applicants
- Associated Newspapers Limited
- Opponents
- Metro Cash & Carry GmbH
- Consolidated Oppositions
- Sections 5(2)(a) & 5(2)(b)
Result
Section 5(2)(a): Opposition dismissed Section 5(2)(b): Opposition successful (provisionally)
Points Of Interest
- Decision on stay of proceedings.
Summary
The opposition was based on the mark METRO applied for in a number of classes.
The Hearing Officer dismissed a joint request for a stay of proceedings in view of the length of time during which these proceedings had been pending.
Turning to the substantive matter the Hearing Officer found the marks to be similar; the goods/services, however required a detailed and lengthy assessment.
In the result the Hearing Officer found the opponents successful (provisionally) in respect of all the goods/services where had had found identicality/similarity.
He reserved his decision on costs pending the outcome of the application for registration of the opponents earlier mark.