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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FISHBONE (Trade Mark: Opposition) [2002] UKIntelP o37502 (17 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o37502.html
Cite as: [2002] UKIntelP o37502

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FISHBONE (Trade Mark: Opposition) [2002] UKIntelP o37502 (17 September 2002)

For the whole decision click here: o37502

Trade mark decision

BL Number
O/375/02
Decision date
17 September 2002
Hearing officer
Mr J MacGillivray
Mark
FISHBONE
Classes
09
Applicants
Ademir Volic
Opponents
New Yorker S.H.K. Jeans GmbH
Opposition
Section 5(2)(b)* *Section 5(1) was also cited but the Hearing Officer decided that the marks at issue could not be viewed as actually identical.

Result

Section 5(2)(b) - Opposition successful.

Points Of Interest

Summary

The opposition was based on the opponents’ registrations of their mark FISHBONE and FISHBONE and device, in Class 9. Comparing the goods the Hearing Officer found that some of the goods were identical whilst with others (storage containers etc for CD’s or tapes) any similarity was ‘slight’.

However, having compared the marks the Hearing Officer concluded that there was a likelihood of confusion and the Section 5(23)(b) objection succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o37502.html