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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WALLY WHALE AND DEVICE (Trade Mark: Opposition) [1999] UKIntelP o07099 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07099.html
Cite as: [1999] UKIntelP o7099, [1999] UKIntelP o07099

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WALLY WHALE AND DEVICE (Trade Mark: Opposition) [1999] UKIntelP o07099 (3 March 1999)

For the whole decision click here: o07099

Trade mark decision

BL Number
O/070/99
Decision date
3 March 1999
Hearing officer
Mr G Salthouse
Mark
WALLY WHALE AND DEVICE
Classes
29, 30
Applicant
Brake Bros PLC
Opponent
S.A. Blue Whale
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

Summary

The opponents based their opposition on their own registration of a whale device in Class 31. The Hearing Officer however considered that the marks were not similar, and would not therefore create a likelihood of confusion even had the goods been identical (which they were not).


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07099.html