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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KRE (Trade Mark: Opposition) [2004] UKIntelP o24704 (12 August 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o24704.html Cite as: [2004] UKIntelP o24704 |
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For the whole decision click here: o24704
Result
Section 5(2)(b) - Opposition failed.
Section 5(3) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
Summary
The opposition was based on registrations of the marks KORS and MICHAEL KORS. The Hearing Officer based his analysis on the mark KORS, in Class 25; if the opponents did not succeed in respect of this mark they could be in no better a position in respect of their other marks, he said.
It was 'self-evident', said the Hearing Officer that the goods specified in the applications were identical with the opponents’ goods and the services were similar. The matter therefore came down to a comparison of the marks KÖRE & KORS and an assessment of the likelihood of confusion. Having compared the marks, however, the Hearing Officer concluded that they were not similar. On a 'global view' there was no likelihood of confusion he found. The opposition under Section 5(2)(b) failed accordingly.
The Hearing Officer went on to consider the opposition under Sections 5(3) and 5(4)(a), but his finding in respect of the similarity of the marks had effectively decided the matter under these heads too.