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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o58101 (20 December 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o58101.html Cite as: [2001] UKIntelP o58101 |
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For the whole decision click here: o58101
Result
Section 3(6) - Opposition failed.
Section 5(2)(b) - Opposition failed.
Points Of Interest
Summary
The opponents confined their attack to the goods in Class 29, claiming that the mark applied for was confusingly similar to their own trade mark registered in that Class, the device of an animated peanut character. They also alleged that the applicants had no bona fide intention to use the mark over the full range of the goods specified.
The Hearing Officer dismissed the Section 3(6) ground as no evidence had been filed in support of it. The fact that no licensing agreements had yet been made did not indicate a lack of intention to use the mark.
The Hearing Officer went on to consider the objection under Section 5(2)(b). Identical goods being in issue, the matter came down to a comparison of the marks. In this, the Hearing Officer concentrated on the visual aspects since aural and conceptual aspects could have little part to play. Taking all the factors into account, however, he came to the conclusion that confusion was not likely. The objection failed accordingly.