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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAISY JACK (Trade Mark: Opposition) [2001] UKIntelP o36501 (17 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o36501.html
Cite as: [2001] UKIntelP o36501

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DAISY JACK (Trade Mark: Opposition) [2001] UKIntelP o36501 (17 August 2001)

For the whole decision click here: o36501

Trade mark decision

BL Number
O/365/01
Decision date
17 August 2001
Hearing officer
Mr S P Rowan
Mark
DAISY & JACK
Classes
09, 16, 20, 25, 28
Applicant
Prue Theobalds Limited
Opponent
Daisy & Tom Limited
Opposition
Sections 3(6) & 5(2)(b)

Result

Section 3(6): - Opposition failed.

Section 5(2): - Opposition successful in great part.

Points Of Interest

Summary

The opponents’ mark consisted of the words DAISY & TOM together with the device of two children playing with a kite. It was common ground that the respective goods were in most cases identical or similar. Overall the Hearing Officer found a likelihood of confusion in all cases where the goods would be identical or similar. He proposed to refuse the application in all Classes other than Class 9, and here he proposed a reduction in the specification. The objection under Section 3(6), had two prongs i) a lack of a bona fide intention to use and ii) the applicants’ knowledge of the opponents’ rights in the mark DAISY & TOM. The Hearing Officer reviewed these matters at some length but rejected both objections.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o36501.html