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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MERIDIAN (Trade Mark: Opposition) [2006] UKIntelP o10906 (24 April 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o10906.html
Cite as: [2006] UKIntelP o10906

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MERIDIAN (Trade Mark: Opposition) [2006] UKIntelP o10906 (24 April 2006)

For the whole decision click here: o10906

Trade mark decision

BL Number
O/109/06
Decision date
24 April 2006
Hearing officer
Mr M Reynolds
Mark
MERIDIAN
Classes
09, 16, 35, 42
Applicant
Ordnance Survey
Opponent
Sociète Hôtels Meridien
Opposition
Sections 3(6) & 5(2)(b)

Result

Section 3(6): Opposition failed. Section 5(2)(b): Opposition largely successful

Points Of Interest

Summary

The opposition was based on the opponents’ marks LE MERIDIEN (stylised), registered as a CTM in a number of classes, which the Hearing Officer found to have ‘a high level of similarity’ with the mark applied for. The Hearing Officer also found similarity in the goods/services in the case of Classes 9, 16 and 35 but not in the case of Class 42. Overall, he found a likelihood of confusion in the case of those classes and the opposition under Section 5(2)(b) succeeded for the most part.

The Section 3(6) ground was founded on the allegation that the present application was an attempt to circumvent the effects of a successful opposition before OHIM involving the same parties.

The Hearing Officer found a number of indications that that was not the case, and he dismissed the Section 3(6) objection.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o10906.html