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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ListerPower (Trade Mark: Opposition) [2005] UKIntelP o03305 (3 February 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o03305.html Cite as: [2005] UKIntelP o03305, [2005] UKIntelP o3305 |
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For the whole decision click here: o03305
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
Summary
The opposition was based on the mark LISTER, registered in Class 7.
The goods were identical; the Hearing Officer therefore proceeded to a comparison of the marks LISTER v LISTER POWER. These were similar, he found and in the result he found a likelihood of confusion.
However, the opponents had originally consented, by letter, to the registration. The Hearing Officer therefore had to consider whether they could resile from this position, or whether they were barred from opposition by promissory estoppel.
In the result he found that the letter had not been issued in error, but neither were the opponents estopped from bringing an opposition.
The Section 5(2)(b) finding stood, therefore, and the mark was refused.
However, since the opposition had arisen solely because the opponents had first issued a letter of consent and had then withdrawn it, the Hearing Officer awarded costs to the applicants.
