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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EAGLE + Device (Trade Mark: Opposition) [2008] UKIntelP o24908 (27 August 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o24908.html
Cite as: [2008] UKIntelP o24908
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EAGLE + Device (Trade Mark: Opposition) [2008] UKIntelP o24908 (27 August 2008)
For the whole decision click here: o24908
Trade mark decision
- BL Number
- O/249/08
- Decision date
- 27 August 2008
- Hearing officer
- Mr M Bryant
- Mark
- EAGLE + Device
- Classes
- 29, 30, 31, 32
- Applicant
- Mohammad Rashid Ahmad Raza Mirza
- Opponents
- Bavaria S.A
- Opposition
- Section 5(2)(b) & 5(3)
Result
Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed.
Points Of Interest
- Comparison of the marks; AGUILA v EAGLE and CERVEZA AGUILA & device of eagle v EAGLE and device of an eagle.
Summary
The opposition was based on the marks AGUILA and CERVEZA-AGUILA with eagle device, registered in Class 32 in respect of beers and other beverages.
The Hearing Officer found the respective goods in class 32 to be identical but found no similarity in the other classes. He found no aural, visual or conceptual similarity in one of the opponents’ marks and a low level of similarity in respect of the other. He found no likelihood of confusion in respect of either of them.
The evidence of use failed to support a claim of reputation and Section 5(3) objection also failed.