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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o48901 (6 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o48901.html
Cite as: [2001] UKIntelP o48901

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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o48901 (6 November 2001)

For the whole decision click here: o48901

Trade mark decision

BL Number
O/489/01
Decision date
6 November 2001
Hearing officer
Mr G Salthouse
Mark
DEVICE ONLY MARK
Classes
29, 39
Applicant
Robert Wiseman & Sons Limited
Opponent
Ferrero SpA & Soremartec SA
Opposition
Sections 3(1) & 5(2)(b)*

Result

Section 3(1) - Opposition failed.

Section 5(2)(b) - Opposition failed.

Points Of Interest

Summary

The opposition was based on a number of marks which the opponents claimed were similar to the marks applied for. The Hearing Officer however considered that the mark applied for was not devoid of distinctive character and was not likely to give rise to a likelihood of confusion.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o48901.html