Trade mark decision

BL Number

O/315/03

Decision date

17 October 2003

Hearing officer

Mr M Reynolds

Mark

KEANO

Classes

06, 16, 25, 28

Applicant

Manchester United Plc

Opponent

Surinder Paul Singh Bhaura t/a Esprio Knitting Co

Opposition

Sections 5(2)(b) & 5(4)(a)* *(an objection under Section 5(3) was withdrawn at a late stage in the proceedings)

Result

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

Section 5(4)(a) - No formal finding.

Points Of Interest

• 1. Comparison of the marks KEENO v KEANO.
• 2. Costs in proceedings before the Registrar.

Summary

The opposition was based on the opponent’s registration of KEENO in Class 25.

After a careful analysis of the matter the Hearing Officer found a likelihood of confusion in respect of some of the goods in Class 25. The opposition under Section 5(2)(b) succeeded in respect of the goods and failed in respect of the remainder of the goods specified.

The Hearing Officer went on to consider the matter of costs in view of the wide nature of the attack, its modification at a late stage and its fairly narrow success. In the event he awarded costs to neither side.

He did not give detailed consideration to the matter under Section 5(4)(a).

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