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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EASY AIR (Trade Mark: Invalidity) [2003] UKIntelP o01503 (16 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o01503.html
Cite as: [2003] UKIntelP o1503, [2003] UKIntelP o01503

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EASY AIR (Trade Mark: Invalidity) [2003] UKIntelP o01503 (16 January 2003)

For the whole decision click here: o01503

Trade mark decision

BL Number
O/015/03
Decision date
16 January 2003
Hearing officer
Dr W J Trott
Mark
EASY AIR
Classes
07, 16, 17
Registered Proprietors
Easypack Limited
Applicants for Declaration of Invalidity
Easyjet Airline Company Limited
Application for Invalidity
Section 47(2); Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Application for invalidation partially successful

Section 5(3) - Application for invalidation failed

Section 5(4)(a) - Application for invalidation failed

Points Of Interest

Summary

The applicants for invalidation were proprietors of a number of 'EASY' marks, registered in various classes. Their principle activity was as a 'budget' airline, under the mark EASYJET. Under Section 5(2)(b) the Hearing Officer found a likelihood of confusion in respect of the Class 16 goods, and the application succeeded to that limited extent.

Under Section 5(3) the Hearing Officer could not find that the nature of the applicants reputation, in airline services, would enable the registered proprietors to take advantage of it in their sales of industrial packaging materials, or cause it detriment. That ground therefore failed.

The application failed under Section 5(4)(a) also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o01503.html