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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROYAL SHAKESPEARE (Trade Mark: Opposition) [2000] UKIntelP o00200 (7 January 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o00200.html Cite as: [2000] UKIntelP o200, [2000] UKIntelP o00200 |
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For the whole decision click here: o00200
Result
Section 5(1) - Opposition dismissed
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 99 - Not a ground of Opposition
Points Of Interest
Summary
The application, which was in respect of:- 'Beers including low-alcohol and non-alcoholic beers; fruit drinks, fruit juices and Isotonic drinks', was opposed by the Royal Shakespeare Company under various provisions of Section 5, and under Section 99, 'having regard to the fact that the opponent company is incorporated under Royal Charter'. At the hearing the opponents sought to widen the pleadings to include Section 3(4), Section 4(1)(d) and Section 5(4), but this was refused.
It was conceded that there was no basis for the objection under Section 5(1); This ground was therefore dismissed. Under Section 5(2)(b) the marks were found to be potentially confusing but there was no similarity in the goods. Under Section 5(3) the Hearing Officer did not find tangible danger to the reputation of the opponents mark. Section 99 deals with unauthorised use and does not provide a route for a refusal of registration - such route being found in Section 4. The opposition therefore failed under Section 99.
