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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ZEE PREMIERE (Trade Mark: Opposition) [2002] UKIntelP o16302 (12 April 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o16302.html Cite as: [2002] UKIntelP o16302 |
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For the whole decision click here: o16302
Result
Section 5(2)(b): - Opposition successful.
Section 5(3): - Opposition failed.
Section 5(4)(a): - No formal finding.
Points Of Interest
Summary
The opponents were proprietors of registrations of PREMIERE in Classes 16 and 41, in relation of publications/publishing of matter related to the cinema. The applicants’ specifications were in respect of the same goods/services, but directed towards "Asian lifestyle and fashion". These, the Hearing Officer considered were "at the least, closely similar." Comparing the marks the Hearing Officer found them to be similar and concluded that a likelihood of confusion existed. The opposition under Section 5(2)(b) succeeded accordingly.
The Section 5(3) objection failed (because the goods/services were similar, and the Hearing Officer made no finding under Section 5(4)(a)
