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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ENRG (Trade Mark: Opposition) [2003] UKIntelP o35003 (13 November 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o35003.html Cite as: [2003] UKIntelP o35003 |
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For the whole decision click here: o35003
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opponents opposition was based on registrations of the mark ENERGIE in Class 18; ENERGIE TOPDECK in Classes 18 and 25 and ENERGIE (stylized) in a range of Classes including Class 25. The opponents also provided details of use of their marks from 1991 onwards in relation to items of clothing and the Hearing Officer accepted that they had established a reputation and goodwill in their mark.
Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue in relation to the opponents’ registrations in Class 25 but, having compared the respective marks ENRG and ENERGIE, came to the view that they were not confusingly similar and thus there was no likelihood of confusion. Opposition failed on this ground.
As the Hearing Officer had concluded that the respective marks were not similar, he also found that the opposition also failed under Section 5(4)(a) – Passing Off.