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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TK PATROL (Trade Mark: Opposition) [2001] UKIntelP o52901 (28 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52901.html
Cite as: [2001] UKIntelP o52901

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TK PATROL (Trade Mark: Opposition) [2001] UKIntelP o52901 (28 November 2001)

For the whole decision click here: o52901

Trade mark decision

BL Number
O/529/01
Decision date
28 November 2001
Hearing officer
Mr G Rose'Meyer
Mark
TK PATROL
Classes
25
Applicant
Tony Knight
Opponent
Patrol Jeanswear Ltd
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful

Section 5(3) - Opposition dismissed

Section 5(4)(a) - No formal finding

Points Of Interest

Summary

The opposition was based on the opponents’ mark WORLD PATROL (another mark was cited but for the purposes of Section 5(2) it was not an “earlier trade mark” as defined in Section 6(1)). Under Section 5(2)(b) the Hearing Officer considered that the defining element in the marks was the word PATROL. Consequently, the addition of the other elements did not affect the matter. A likelihood of confusion existed and the opposition under Section 5(2)(b) succeeded. The other grounds were therefore considered only briefly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52901.html