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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FLOG (Trade Mark: Opposition) [1999] UKIntelP o06899 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06899.html
Cite as: [1999] UKIntelP o6899, [1999] UKIntelP o06899

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FLOG (Trade Mark: Opposition) [1999] UKIntelP o06899 (3 March 1999)

For the whole decision click here: o06899

Trade mark decision

BL Number
O/068/99
Decision date
3 March 1999
Hearing officer
Mr G Salthouse
Mark
FLOG
Classes
25, 26, 27, 28
Applicant
Flog Industries Ltd
Opponent
H & M Hennes & Mauritz AB
Opposition
Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3(6) - Opposition dismissed

Section 3(6) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on the opponents’ mark L.O.G.G. No evidence was offered in respect of the Section 3(6) allegation and this was dismissed. The Hearing Officer considered that the similarity between the marks was not such as to give rise to a likelihood of confusion. The Section 5(2)(b) ground failed accordingly, taking the Section 5(3) ground down with it. Under Section 5(4)(a) the Hearing Officer concluded that the opponents had failed to show any misrepresentation or likelihood of damage and since the marks were dissimilar, that ground failed also.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06899.html