Trade mark decision

BL Number

O/271/00

Decision date

8 August 2000

Hearing officer

Mr M Knight

Mark

MOKKERS

Classes

25

Applicant

W Marlow & Sons (Footwear) Ltd

Opponent

Kickers International BV

Opposition

Sections 5(2), 5(4), 56, 3(3)(b) and 3(6)

Result

Sections 3(3)(b), 3(6), 5(3), 5(4) & 56 - dismissed for lack of relevant evidence

Section 5(2) - opposition failed as marks not confusingly similar

Points Of Interest

• Subsequent to this decision being issued the Opponent advised the Registrar of their earlier request for a Hearing. This decision was rescinded and the matter put forward for a hearing, the opposition was then withdrawn prior to the hearing taking place.

Summary

KI opposed the application on the basis of their mark KICKERS. The Hearing Officer, however, found that they had filed no relevant evidence in respect of any of their contentions under Sections 3(3)(b), 3(6), 5(3), 5(4) and 56 and dismissed the opposition under those Sections. Under Section 5(2) the Hearing Officer found no likelihood of confusion.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o27100.html