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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CLIMATE MASTER LTD (Trade Mark: Opposition) [2001] UKIntelP o37901 (28 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o37901.html
Cite as: [2001] UKIntelP o37901

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CLIMATE MASTER LTD (Trade Mark: Opposition) [2001] UKIntelP o37901 (28 August 2001)

For the whole decision click here: o37901

Trade mark decision

BL Number
O/379/01
Decision date
28 August 2001
Hearing officer
Mr M Reynolds
Mark
CLIMATE MASTER LTD
Classes
11
Applicant
Climatemaster Ltd
Opponent
Climate Master Inc
Opposition
Sections 5(2)(b)

Result

Section 5(2)(b): - Opposition successful.

Points Of Interest

Summary

The opposition was based on the opponents’ registration of their mark CLIMATE MASTER in Class 11. The parties had clashed earlier, in proceedings under the 1938 Act in which the roles were reversed and the then applicants (the present opponents) were successful. The application in suit had proceeded to its present stage on the basis of honest concurrent use. The Hearing Officer considered the honest concurrent use, as a ‘relevant’ factor, in some detail but eventually concluded that there was a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o37901.html