BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BANANA BEACH SUNWIPE (Trade Mark: Opposition) [2002] UKIntelP o14102 (26 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o14102.html
Cite as: [2002] UKIntelP o14102

[New search] [Printable PDF version] [Help]

BANANA BEACH SUNWIPE (Trade Mark: Opposition) [2002] UKIntelP o14102 (26 March 2002)

For the whole decision click here: o14102

Trade mark decision

BL Number
O/141/02
Decision date
26 March 2002
Hearing officer
Mr J MacGillivray
Mark
BANANA BEACH SUNWIPE
Classes
03
Applicant
Terence Hateley & William Bell
Opponent
Sun Pharmaceuticals Corp
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

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

Section 5(4)(a): - Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents’ registration of their marks BANANA BOAT and BANANA BOAT and device, also registered in Class 3.

Under Section 5(2)(b) whilst the goods were the same or similar, the Hearing Officer found that the visual, aural and conceptual differences between the marks made the possibility of confusion sufficiently remote as to not be a likelihood. That ground failed. This finding plus the fact that the opponents had not demonstrated reputation or goodwill in the UK at the relevant date, decided the matter under Section 5(4)(a) also.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o14102.html