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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 >> K_MED (Trade Mark: Inter Partes) [2006] UKIntelP o24906 (31 August 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o24906.html Cite as: [2006] UKIntelP o24906 |
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For the whole decision click here: o24906
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
Summary
The opposition was based on the opponents’ mark KEYMED (stylised) in Classes 9, 10 and 11.
Before consideration of the substantive matter the hearing Officer dealt with the opponents’ objection to the inclusion of the applicant’s submissions which had been received after the date set by the Registry. The Hearing Officer ruled that submissions are not governed by the Trade Marks Rules. Failure to comply with the date set by the registry carried only the risk that the decision might be issued before the submissions were received. The applicant’s submissions would therefore be taken into account.
Having compared the marks the Hearing Officer found that there was aural similarity, and the marks were therefore similar “on this plane if upon no other”.
The Hearing Officer went on to find, after detailed deliberation, that there was a degree of similarity between the goods and the services. Overall, however, he found no likelihood of confusion. The Section 5(2)(b) opposition failed accordingly.
This, effectively, decided the matter under Section 5(4)(a) also.
