Trade mark decision

BL Number

O/093/01

Decision date

22 February 2001

Hearing officer

Mr J MacGillivray

Mark

PIN

Classes

25

Applicant

Gary Frank Dorrington & Phillip Antony Curran

Opponent

Karsten Manufacturing Corporation

Opposition

Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. Simply being reminded of another trade mark with a reputation for dissimilar goods does not necessarily amount to taking an unfair advantage of that mark.

Summary

The opposition was based on the opponents’ PING marks and variations thereof. Inter alia, they contended that the device positioned between the letters P&N formed the word PIN. The Hearing Officer, however, found no likelihood of confusion; this effectively decided the matter under Sections 5(2)(b) and 5(4)(a). Under Section 5(3) he did not consider that simply being reminded of another trade mark with a reputation for dissimilar goods necessarily amounts to taking unfair advantage of the repute of that mark.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o09301.html