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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 >> VERIDATA (Trade Mark: Opposition) [2001] UKIntelP o51701 (16 November 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o51701.html Cite as: [2001] UKIntelP o51701 |
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For the whole decision click here: o51701
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
Summary
The opposition was based on the opponents’ mark Verifone and device, registered in the UK in Class 9 and the opponents’ Community Trade Mark registration of VERISMART in Classes 9, 16 and 42. Also, the Community Trade Mark registration VERISIGN in Classes 9, 36 and 42, was cited, though this was not owned by the opponents but by a company called VeriSign Inc. The Hearing Officer considered that identical goods were involved and went on to compare the marks. He did not accept that the marks cited constituted a 'family of marks' since the evidence did not show how they had been used, but he accepted that all three could provide grounds of opposition even the mark not owned by the opponents. After careful consideration, however, he came to the conclusion that a likelihood of confusion existed. The opposition succeeded accordingly.
