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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KONAMI PREMIER SOCCER (Trade Mark: Opposition) [1999] UKIntelP o35499 (27 August 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o35499.html Cite as: [1999] UKIntelP o35499 |
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For the whole decision click here: o35499
Result
Section 5(2) - Opposition failed. Marks not confusingly similar.
Section 5(4)(a) - Opposition failed. Marks not confusingly similar.
Section 3(6) - No evidence filed in support of this ground.
Points Of Interest
Summary
Opponents opposition based on their ownership of the marks PREMIER LEAGUE and PREMIER LEAGUE and Lion device in Class 28. They also claimed that the marks had been licenced to authorised users in respect of goods falling within Classes 9, 14, 16, 18, 25, 26, 28, 29, 32 and services falling within Class 41. Under Section 5(2) the Hearing Officer concluded that the mark applied for was not, prima facie, confusingly similar to the marks owned by the opponents. He also decided that the opponents had not established that they had a reputation in their marks in relation to the goods at issue and therefore, in conclusion, he concluded that their opposition under Section 5(2) failed.
Under Section 5(4)(a) the Hearing Officer had to consider evidence which showed the applicants used their mark in the form PREMIER SOCCER and compare this mark with the opponents mark, as used, PREMIER LEAGUE and Lion device. While the Hearing Officer accepted that there was some similarity he concluded that the respective marks were not so similar that actual confusion or misrepresentation was likely.