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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HOME SAFE (Trade Mark: Opposition) [1999] UKIntelP o40799 (18 November 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o40799.html Cite as: [1999] UKIntelP o40799 |
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For the whole decision click here: o40799
Result
Section 3(3) - Opposition failed
Section 3(6) - Opposition failed
Section 5(2)(b) - Opposition successful. Marks held to be confusingly similar
Points Of Interest
Summary
Opponents opposition based on ownership and use of the mark HOME SECURE. They claimed that as SAFE and SECURE are synonymous with the same dictionary meanings the marks at issue are confusingly similar. The H/O decided that the grounds of opposition under 3(3) and 3(6) not made out and dismissed them. Under 5(2)(b) the H/O decided that the marks were not visually similar but they were so close phonetically that on the basis of imperfect recollection, confusion of the public could occur.
