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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POWERED BY COWS (Trade Mark: Opposition) [2001] UKIntelP o47301 (30 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47301.html
Cite as: [2001] UKIntelP o47301

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POWERED BY COWS (Trade Mark: Opposition) [2001] UKIntelP o47301 (30 October 2001)

For the whole decision click here: o47301

Trade mark decision

BL Number
O/473/01
Decision date
30 October 2001
Hearing officer
Mr J MacGillivray
Mark
POWERED BY COWS
Classes
09
Applicants
Surfnet Online Ltd
Opponents
Tucows Com Inc
Opposition
Sections 3(6); 5(2)(b) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on the opponents’ mark TUCOWS. After comparing the marks the Hearing Officer found no likelihood of confusion and the opposition under Section 5(2)(b) failed accordingly. Under Section 5(4)(a) the Hearing Officer concluded that the opponents had not demonstrated a reputation or goodwill in the UK at the relevant date; also, he had already found that the marks were not confusable. The Section 3(6) objection was mere assertion, no proof having been provided.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47301.html