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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> E! ONLINE (Trade Mark: Opposition) [2005] UKIntelP o16505 (16 June 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o16505.html Cite as: [2005] UKIntelP o16505 |
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For the whole decision click here: o16505
Result
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Section 56(1): - Opposition failed.
Points Of Interest
Summary
The opposition was based on registrations of the mark T-ONLINE.
The Hearing Officer found some conceptual similarity in the marks, but overall he found them dissimilar. On the basis of the evidence before him, the Hearing Officer could not find that at the relevant date the opponents had used their mark to such an extent that it had become more distinctive or that they had a reputation in the name. Having compared the goods, and on a 'global' approach, the Hearing Officer considered that there was no likelihood of confusion, and the opposition under Section 5(2)(b) failed accordingly. The Hearing Officer stated that this effectively decided the matter since the evidence did not support the necessary claim to reputation at the relevant date required by the other Sections of the Act cited by the opponent.