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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 >> FOAMWORKS (Trade Mark: Opposition) [2005] UKIntelP o21705 (1 August 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o21705.html Cite as: [2005] UKIntelP o21705 |
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For the whole decision click here: o21705
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opposition was based on the use and registrations of the mark FOAMBURST in Class 3.
The goods were clearly identical and the Hearing Officer proceeded at once to an assessment of the marks, FOAM BURST and FOAM WORKS. In the case of some of the goods the word FOAM was descriptive and not distinctive. From this the Hearing Officer decided that the marks were not similar in respect of the specified goods other than 'personal care products; toiletries and cosmetics'. Going on to compare the marks where FOAM was a distinctive element in respect of these latter goods the Hearing Officer also concluded that the marks were not similar. The absence of similarity effectively decided the matter.
