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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KAIMANN (Trade Mark: Opposition) [1999] UKIntelP o13699 (19 May 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13699.html
Cite as: [1999] UKIntelP o13699

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KAIMANN (Trade Mark: Opposition) [1999] UKIntelP o13699 (19 May 1999)

For the whole decision click here: o13699

Trade mark decision

BL Number
O/136/99
Decision date
19 May 1999
Hearing officer
Mr M Foley
Mark
KAIMANN
Classes
06, 11, 17, 19, 20
Applicant
Wilhelm Kaimann
Opponent
La Chemise Lacoste
Opposition
Section 3(6); 5(3) & 5(4)(a)

Result

Section 3(6) - opposition failed

Section 3(6) - 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 evidence did not support the objection under Section 3(6) and this was dismissed accordingly. Under Section 5(3) the Hearing Officer held that considered "globally" the marks were not similar. The opponents' claim to 'reputation' beyond that centred on their own trade, was not made out, and that ground of objection failed. Under Section 5(4)(a) the Hearing Officer found that there was no link "tenuous or otherwise" between the respective goods.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13699.html