Trade mark decision

BL Number

O/259/01

Decision date

14 June 2001

Hearing officer

Mr G Salthouse

Mark

AST

Classes

09

Applicant

Aladdin Knowledge Systems Limited

Opponent

Acer Incorporated

Opposition

Sections 3(1); 3(3); 3(6); 5(2)(b) & 5(4)(a)

Result

Section 3(1) - Opposition failed

Section 3(3) - Opposition failed

Section 3(6) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Points Of Interest

• 1. Comparision of the mark ASE v ACER

Summary

The opposition was based on the opponents’ use and registrations of their mark ACER. The Hearing Officer found no objection to the mark under Section 3(1) or 3(3), and he noted that no evidence had been filed in support of the allegation under Section 3(6). These grounds failed accordingly. Under Section 5(2) he found that the differences between the marks outweighed the "superficial similarities" and the opposition under that Section therefore failed. The opposition under Section 5(4)(a) also failed, as no misrepresentation was involved.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o25901.html