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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TOMMY (Trade Mark: Opposition) [2005] UKIntelP o09705 (13 April 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o09705.html
Cite as: [2005] UKIntelP o09705, [2005] UKIntelP o9705

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TOMMY (Trade Mark: Opposition) [2005] UKIntelP o09705 (13 April 2005)

For the whole decision click here: o09705

Trade mark decision

BL Number
O/097/05
Decision date
13 April 2005
Hearing officer
Mr J MacGillivray
Mark
TOMMY
Classes
25
Applicant
Tommy Hilfiger Licensing Inc
Opponent
Etam Plc
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on registrations and use of the mark TAMMY, in Classes 3, 9, 14, 16, 18, 24, 25, 28, 30 and 35.

The opponent’s mark did not have a strong inherent distinctive character, said the Hearing Officer, but the reputation in the mark warranted a wide penumbra of protection.

The goods were identical. The Hearing Officer therefore proceeded to a comparison of the marks.

There were obvious similarities in the marks but on "a global appreciation and taking into account all the relevant factors" the Hearing Officer concluded that there was no likelihood of confusion. The Section 5(2)(b) opposition failed accordingly, and this effectively decided the matter under Sections 5(3) and 5(4)(a) also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o09705.html