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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 >> BY STORM (Trade Mark: Inter Partes) [2004] UKIntelP o27104 (3 September 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o27104.html Cite as: [2004] UKIntelP o27104 |
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For the whole decision click here: o27104
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
Summary
The opposition was based on a number of registrations of the mark STORM, both plain and stylised, with and without a device, in Classes 9, 14, 18, 20, 25 and 42. There was no evidence of use of the opponents’ marks; accordingly the Hearing Officer considered only their inherent merits.
Comparing the marks, the Hearing Officer found them to be highly similar both visually and orally. A detailed comparison of the goods/services, together with a consideration of other factors including that of honest concurrent use, resulted in a finding that there was a likelihood of confusion.
The opposition under Section 5(2)(b) succeeded accordingly.
