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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o41101 (17 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o41101.html
Cite as: [2001] UKIntelP o41101

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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o41101 (17 September 2001)

For the whole decision click here: o41101

Trade mark decision

BL Number
O/411/01
Decision date
17 September 2001
Hearing officer
Professor Ruth Annand
Mark
DEVICE ONLY MARK
Classes
29, 30
Applicant
The Infamous Nut Company Ltd
Opponent
Percy Dalton (Holdings) Ltd
Opposition
Sections 3(6) & 5(2)

Result

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

Section 3(6): - Opposition failed.

Points Of Interest

Summary

The Appointed Person reviewed the evidence filed in the proceedings and the Hearing Officer’s decision dated 18 October 2000. Under Section 5(2)(b) the Appointed Person followed the Hearing Officer’s lead in stating that the opponents best case rested on their mark MONKIES and device of a monkey and went on to conclude that there was no likelihood of confusion between the respective marks.

With regard to the Section 3(6) ground, the Appointed Person described the opponents evidence as purely circumstantial and insufficient to justify the claims made.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o41101.html