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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 >> LORNA MORGAN (Trade Mark: Opposition) [2004] UKIntelP o00504 (7 January 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o00504.html Cite as: [2004] UKIntelP o00504, [2004] UKIntelP o504 |
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For the whole decision click here: o00504
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
Summary
The opposition was based on registrations of the mark MORGAN in Class 25, and was directed solely at the Class 25 element in the application.
The Hearing Officer dealt first with the Section 5(2)(b) matter. The goods in Class 25 were identical, he found. The opponents’ mark, a common surname, had a low claim to distinctiveness, but use had improved their position.
Having compared the marks, however, he eventually concluded that there was no actual likelihood of confusion. It seemed to him that full names were of particular importance as identifiers.
This effectively decided the matter under Section 5(4)(a) also, as the absence of a likelihood of confusion meant that there would be no misrepresentation.
