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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BRANDSECURE THE FUTURE OF BRAND PROTECTION (Trade Mark: Opposition) [2003] UKIntelP o17303 (24 June 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o17303.html Cite as: [2003] UKIntelP o17303 |
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For the whole decision click here: o17303
Result
Section 5(2)(b) - Opposition partially successful.
Points Of Interest
Summary
This was one of two related oppositions involving the same parties, the other being set out in BL O/174/03 q.v.
The opposition was based on the opponents’ community trade mark "ARE YOU BRANDSECURE?", registered in Classes 9 and 42.
The Hearing Officer considered first the similarity of the respective goods/services. The Class 9 goods, he found, were similar. The applicants’ services in Class 35, although not closely similar had ‘manifest similarities’ to the opponents’ Class 42 specification. "The Class 38 services were ‘clearly dissimilar’ to the opponents goods/services; and there was a degree of similarity in the respective services in Class 42."
The opponents’ mark had a small degree of inherent distinctive character, he decided, and he went on to compare the marks. In the result he found there to be a likelihood of confusion and he directed the applicants to reduce the specification so as to include only the Class 38 services.