BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HEAD ON (Trade Mark: Opposition) [2003] UKIntelP o28903 (24 September 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o28903.html Cite as: [2003] UKIntelP o28903 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o28903
Result
Section 5(2)(b) - Opposition successful.
Section 5(4)(a) - No formal finding.
Points Of Interest
Summary
The opposition was based on the opponents' registration and use of their mark HEAD, in Class 25.
The goods being the same or similar, the matter came down to an assessment of the marks. The composite nature of the mark applied for was sufficient to avoid one mark being mistaken for the other, said the Hearing Officer, but there was an association between the marks which would cause the public wrongly to believe that the goods came from the same or economically linked undertakings. There was a likelihood of confusion and the Section 5(2)(b) ground succeeded accordingly.
The Hearing Officer did not go on to make a finding under Section 5(4)(a).
