BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> power bat (Trade Mark: Opposition) [2005] UKIntelP o03705 (8 February 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o03705.html Cite as: [2005] UKIntelP o3705, [2005] UKIntelP o03705 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o03705
Result
Section 5(2)(b) - Opposition successful
Section 5(3) - No finding
Section 5(4)(a) - No finding
Points Of Interest
Summary
The opposition was based on a large number of registered marks consisting of or incorporating a device of a bat. For the purposes of his assessment the Hearing Officer selected two 'BAT device solus' registrations, one UK and one Community Trade Mark, as representing the opponent's best case. These were registered in respect of non-alcoholic beverages, ie identical goods. The opponent’s mark was inherently distinctive. There was similarity between the marks. On a global appreciation there was a likelihood of confusion and the Section 5(2)(b) objections succeeded accordingly.
The Hearing Officer did not go on to consider the matter under Sections 5(3) and 5(4)(a).
