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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 >> LE XV DU PRESIDENT (Trade Mark: Opposition) [2002] UKIntelP o50702 (6 December 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o50702.html Cite as: [2002] UKIntelP o50702 |
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For the whole decision click here: o50702
Result
Section 5(3) - Opposition failed.
Points Of Interest
Summary
Following consideration of it as a preliminary issue, additional evidence put forward by the opponents was admitted to the proceedings. The opponents' case was based on their registrations of 'PRESIDENT' in Classes 29 and 32. It was established that the goods at issue were not similar and Section 5(3) could therefore be invoked. The Hearing Officer therefore went on to consider the marks; which, in the result he found similar.
The matter therefore came down to use and reputation. The mark as used by the opponents was in a stylised lettering and with an acute accent over the letter E. However, after a detailed examination of the evidence the Hearing Officer concluded that the opponents had failed to establish a reputation within the meaning of Section 5(3).
In case he should be wrong in this, however, he went on to consider the matter of detriment, had a reputation been established. In this, he found no danger of tarnishing or fettering. Neither did he see any likelihood that the public would perceive a connection.
