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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ELIZABETH EMANUEL (Trade Mark: Opposition) [1998] UKIntelP o12498 (9 June 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o12498.html
Cite as: [1998] UKIntelP o12498

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ELIZABETH EMANUEL (Trade Mark: Opposition) [1998] UKIntelP o12498 (9 June 1998)

For the whole decision click here: o12498

Trade mark decision

BL Number
O/124/98
Decision date
9 June 1998
Hearing officer
Mr M Reynolds
Mark
ELIZABETH EMANUEL
Classes
14
Applicants
Elizabeth Florence Emanuel (now Oakridge Trading Ltd)
Opponents
Escada AG
Opposition
Section 5(2)(b)The opponents statement of grounds had contained the statement "the opponent further relies on such other provisions of the Trade Marks Act 1994 as may be applicable to justify refusal (of the application)". The Hearing Officer declined to consider such a "catch-all" ground.

Result

Section 5(2)(b) - opposition successful.

Points Of Interest

Summary

The opponents cited their mark (letters E, back to back), registered in respect of identical goods. The Hearing Officer concluded that the conceptual link between the marks was strong and he could not be certain that the public would not simply or wrongly assume that there was a connection in trade between goods sold under the marks. The Section 5(2)9b) succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o12498.html