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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MANGO (Trade Mark: Opposition) [2002] UKIntelP o42102 (14 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o42102.html
Cite as: [2002] UKIntelP o42102

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MANGO (Trade Mark: Opposition) [2002] UKIntelP o42102 (14 October 2002)

For the whole decision click here: o42102

Trade mark decision

BL Number
O/421/02
Decision date
14 October 2002
Hearing officer
Mr J MacGillivray
Mark
MANGO
Classes
16
Applicant
BCA (trading as a partnership)
Opponent
Diknah SL
Opposition
Sections 5(1) or 5(2)(a) & 5(4)(a)

Points Of Interest

Summary

The oppositions were based on the opponents’ mark MANGO, registered in Class 16.

The Hearing Officer considered that the goods were not, on a narrow interpretation, identical and so he based his examination on Section 5(2)(a).

In this he concluded:

the marks were identical;

the respective goods were similar, despite the difference in the subject matter of the printed publications;

the consumer was likely to consider that they originated from the same undertaking or an economically linked undertaking.

There existed a likelihood of confusion; the opposition under Section 5(2)(a) succeeded accordingly and the case under Section 5(4)(a) was not considered.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o42102.html