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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FBI/Fbi (Trade Mark: Opposition) [1999] UKIntelP o09499 (24 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o09499.html
Cite as: [1999] UKIntelP o9499, [1999] UKIntelP o09499

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FBI/Fbi (Trade Mark: Opposition) [1999] UKIntelP o09499 (24 March 1999)

For the whole decision click here: o09499

Trade mark decision

BL Number
O/094/99
Decision date
24 March 1999
Hearing officer
Mr G Salthouse
Mark
FBI/Fbi
Classes
25
Applicant
Finest Brands International Limited
Opponent
Reynolds-Hepburn Limited
Opposition
Sections 1(1); 3(1)(a); 3(3); 3(6); 5(2)(b) & 5(4)(a)

Result

Section 1(1) - Opposition failed

Section 1(1) - Opposition failed

Section 3(1)(a) - Opposition failed

Section 3(1)(a) - Opposition failed

Section 3(3) - Opposition dismissed

Section 3(3) - Opposition dismissed

Section 3(6) - Opposition dismissed

Section 3(6) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on the opponents’ mark, registered March FBI in Class 28. The Hearing Officer found no valid objection to the mark under Sections 1(1) and 3(1)(a); the Section 3(3) objection was misconceived and there was no evidence filed in support of the Section 3(6) objection. All these grounds were dismissed. Under Section 5(2), owing to the dissimilarity of the goods he found no likelihood of confusion notwithstanding the fact that the marks were identical. Under Section 5(4)(a) he found that the opponents had not made out their case under passing-off.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o09499.html