 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Q -BAR (Trade Mark: Opposition) [2002] UKIntelP o25102 (20 June 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o25102.html Cite as: [2002] UKIntelP o25102 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o25102
Result
Section 3(1)(b) - Opposition failed
Section 5(2)(b) - Opposition successful
Section 5(4)(a) - No formal finding
Points Of Interest
Summary
The opposition, based on the opponents’ mark Mr. Q’s was confined to most of the services in Class 42; no objection was raised to the Class 41 specification or to ‘bodyguard and doorman services’ in Class 42. The case under Section 3(1)(b) was that the mark comprised a single letter, Q, with a word descriptive of the services. The Hearing Officer, however, eventually ruled that whilst it was not the most distinctive marks ever applied to the services at issue, it was strong enough to meet the requirements of Section 3(1)(b).
Under Section 5(2)(b), having compared the marks and the services still at issue, the Hearing Officer found that there was a likelihood of confusion, and that ground succeeded accordingly.
The Hearing Officer made no formal finding under Section 5(4)(a), but he stated his belief that the opponents would be successful under that head also.