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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PACLINC (Trade Mark: Opposition) [1999] UKIntelP o34299 (7 October 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o34299.html
Cite as: [1999] UKIntelP o34299

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PACLINC (Trade Mark: Opposition) [1999] UKIntelP o34299 (7 October 1999)

For the whole decision click here: o34299

Trade mark decision

BL Number
O/342/99
Decision date
7 October 1999
Hearing officer
Mr G Salthouse
Mark
PACLINC
Classes
35
Applicants
Paclinc (Europe) Ltd
Opponents
Linpac Group Limited
Opposition
Sections 3(1), 3(6) 5(2), 5(3) and 5(4).

Result

Sections 3(1) & 3(6) - Opposition failed. No evidence filed in support of these grounds.

Section 5(2)(b) - Opposition failed. Respective marks not confusingly similar.

Sections 5(3) & 5(4) - Opposition failed. Respective marks not confusingly similar.

Points Of Interest

Summary

Opponents opposition based on ownership and of a number of registered LINPAC marks in Classes 6, 7, 12, 16, 20 & 21 (but not Class 35). However, opponents also filed evidence to show extensive use of their mark in relation to packaging and also claimed that they offered advisory services as included within Class 35.

Essential ground of opposition considered to be 5(2)(b). Opponents goods and applicants services found to be similar but the marks PacLINC and LINPAC found not to be confusingly similar. Opposition under 3(1), 3(6), 5(3) and 5(4) also failed.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o34299.html