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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> W GOLDLINE (Trade Mark: Opposition) [1999] UKIntelP o12099 (26 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12099.html
Cite as: [1999] UKIntelP o12099

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W GOLDLINE (Trade Mark: Opposition) [1999] UKIntelP o12099 (26 April 1999)

For the whole decision click here: o12099

Trade mark decision

BL Number
O/120/99
Decision date
26 April 1999
Hearing officer
Dr W J Trott
Mark
W GOLDLINE
Classes
19
Applicant
Whiteline Windows Limited
Opponent
Brügmann Frisoplast GmbH
Opposition
Sections 3(6); 5(2)(b); 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition successful

Section 5(4)(a) - Opposition successful

Points Of Interest

Summary

The opposition was based on the opponents’ own mark which included the words ‘GOLDEN LINE’ (in script). Under Section 5(2) the Hearing Officer concluded that the ‘strong device’ elements made confusion, including association, unlikely. Under Section 5(4)(a), however, the Hearing Officer concluded that there would be confusion leading to damage to the opponents’ goodwill. There was nothing to justify an objection under Section 3(6), however.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12099.html