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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PUPSTER (Trade Mark: Opposition) [2002] UKIntelP o07502 (15 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o07502.html
Cite as: [2002] UKIntelP o07502, [2002] UKIntelP o7502

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PUPSTER (Trade Mark: Opposition) [2002] UKIntelP o07502 (15 February 2002)

For the whole decision click here: o07502

Trade mark decision

BL Number
O/075/02
Decision date
15 February 2002
Hearing officer
Mr S P Rowan
Mark
PUPSTER
Classes
03, 06, 09, 16, 18, 20, 21, 24, 25, 26, 28, 31, 32
Applicants
Sarah Spencer Limited
Opponents
Pap Star Vertreibsgesellschaft MbH Co KG
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition partially succesful

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on the opponents’ registrations and use of their mark PAPSTAR. The Hearing Officer compared the marks and the goods according to the established authorities and concluded that the marks were similar and their existed a likelihood of confusion in respect of some of the goods. He allowed the application to proceed subject to appropriate amendment of the specification. The opponents had not established their case under Section 5(4)(a), however.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o07502.html