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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o04703 (17 February 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o04703.html Cite as: [2003] UKIntelP o4703, [2003] UKIntelP o04703 |
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For the whole decision click here: o04703
Result
Section 5(1): - Ground dismissed.
Section 5(2)(a): - Ground dismissed.
Section 5(2)(b): - Opposition essentially successful
Section 5(4): - Not considered
Points Of Interest
Summary
The opponents opposition was based on registrations of the word SEAHORSE and device of a Seahorse with crown device in classes 16 and 25. The opposition was therefore in respect of some goods in Class 16 such as printed matter etc and all of Class 25. The opponents filed details of modest use of their device of a Seahorse and crown device in respect of magazines and articles of clothing.
The Hearing Officer’s decision in this case follows very closely his decision under BL O/046/03, the only difference in this case being the fact that the applicants mark consists of a device of a sea horse (series of two) as compared to the single seahorse which was at issue in the associated case. However, the Hearing Officer reached the same decision that the respective marks were confusingly similar under Section 5(2)(b) and that the opposition was successful on that ground other than in respect of greetings cards in Class 16 where he considered that the respective goods were not similar.
The Hearing Officer proposed an amended specification in Class 16 for the applicants consideration.
As the respective marks were clearly not identical the grounds under Sections 5(1) and 5(2)(a) were dismissed. In view of his decision under Section 5(2)(b), the Hearing Officer did not consider the Section 5(4) ground.