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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MUDDIES (Trade Mark: Opposition) [2008] UKIntelP o33708 (23 December 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o33708.html
Cite as: [2008] UKIntelP o33708
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MUDDIES (Trade Mark: Opposition) [2008] UKIntelP o33708 (23 December 2008)
For the whole decision click here: o33708
Trade mark decision
- BL Number
- O/337/08
- Decision date
- 23 December 2008
- Hearing officer
- Mr M Reynolds
- Mark
- MUDDIES
- Classes
- 25
- Applicant
- Ion Associates Limited
- Opponent
- Philip Stainton and Jeffrey Stainton
- Opposition
- Sections 5(2)(b) and 5(4)(a)
Result
Section 5(2)(b): Opposition successful Section 5(4)(a): Opposition failed
Points Of Interest
- 1. Comparison of the marks TAYBERRY MUDDIES COLLECTION v MUDDIES.
- 2. Claim of goodwill arising from pre-trading activity.
Summary
The opposition was based on the CTM registration TAYBERRY MUDDIES COLLECTION, in class 25 and use of the mark MUDDIES.
The goods being identical, the matter under Section 5(2)(b), turned essentially on a comparison of the marks. In this the Hearing Officer found “a certain degree of similarity on account of the common element”. Overall, he found a likelihood of confusion. The claimed honest concurrent use had not been of sufficient extent or duration as to enable him to conclude otherwise.
Under Section 5(4)(a) the Hearing Officer found that the opponents had not established a goodwill in the mark MUDDIES at the material date and this part of the opposition failed.