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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 >> VERT (Trade Mark: Opposition) [2007] UKIntelP o17807 (22 June 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o17807.html Cite as: [2007] UKIntelP o17807 |
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For the whole decision click here: o17807
Result
Section 5(2)(b): Opposition successful.
Points Of Interest
Summary
The opponent owns a registration for the mark VERTU in Class 25 in respect of identical goods as those of the applicant. The opponent filed evidence to show that its mark VERTU is associated with Nokia, a mobile phone brand name but no evidence as to its use in relation to items of clothing.
As identical goods are at issue the essential comparison under Section 5(2)(b) was of the respective marks. The Hearing Officer accepted the applicant’s point that the letter ‘u’ is an unusual ending but even so he concluded that the respective marks are visually similar and also have some phonetic similarity. As the respective marks are likely to be seen as invented words the marks are not differentiated conceptually so imperfect recollection must be taken into account. Overall the Hearing Officer decided that the public would be deceived as to origin or more likely to assume that the respective marks were used by associated or linked undertaking’s. Opposition successful.
