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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FUNDERPANTS (Trade Mark: Opposition) [2001] UKIntelP o34401 (9 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o34401.html
Cite as: [2001] UKIntelP o34401

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FUNDERPANTS (Trade Mark: Opposition) [2001] UKIntelP o34401 (9 August 2001)

For the whole decision click here: o34401

Trade mark decision

BL Number
O/344/01
Decision date
9 August 2001
Hearing officer
Mr M Knight
Mark
FUNDERPANTS
Classes
25
Applicant
Milords International Limited
Opponent
Canadelle Limited Partnership
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition succeeded

Points Of Interest

Summary

The opponents opposition was based on their ownership of a registration for the marks WUNDERPANTS, WONDAPANTS, WUNDARPANTS (series of 3) registered in Class 25 for identical goods to those claimed by the applicant.

The outcome of the opposition therefore rested on a comparison of the respective marks. While the Hearing Officer noted that there was some visual difference between the respective marks he decided that they were so close aurally that there was a real likelihood of confusion. Opposition succeeded.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o34401.html