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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 >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o23901 (29 May 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o23901.html Cite as: [2001] UKIntelP o23901 |
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For the whole decision click here: o23901
Result
Section 3(1)(c): - Opposition failed.
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opposition was based on the opponents’ marks consisting of devices of monkeys and the word KIPLING (one being of the device of a monkey, solus). These had an exclusion in respect of goods made of monkey skins or goods relating to monkeys. The attack under Section 3(1)(c) arose from a claim that the applicants’ specification should be similarly qualified. The Hearing Officer, however, dismissed this, remarking that mere evidence of existing entries on the register did not assist. Under Section 5(2)(b) the Hearing Officer, after detailed consideration of the matter concluded that the possibility of confusion was so remote that it could not be regarded as a likelihood. The case under Section 5(3) was no stronger, he found. Under Section 5(4)(a), the Hearing Officer found that the opponents did not have a reputation in the UK, and accordingly misrepresentation would not occur.
