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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BLUECARD (Trade Mark: Opposition) [2005] UKIntelP o29705 (4 November 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o29705.html
Cite as: [2005] UKIntelP o29705

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BLUECARD (Trade Mark: Opposition) [2005] UKIntelP o29705 (4 November 2005)

For the whole decision click here: o29705

Trade mark decision

BL Number
O/297/05
Decision date
4 November 2005
Hearing officer
Mr G Salthouse
Mark
BLUECARD
Classes
35, 36, 38, 39, 41, 43
Applicant
The Everton Football Club Company Limited
Opponent
SAS Carte Bleue (Société par Actions Simplifeé)
Opposition
Sections 3(6) & 5(2)(b)

Result

Section 3(6): - Opposition failed.

Section 5(2)(b): - Opposition failed.

Points Of Interest

Summary

The opposition was based on various registrations of a mark consisting of or including the words 'CARTE BLEUE', in a number of classes.

The Hearing Officer found many of the services in issue to be identical or similar.

However, having compared the marks the Hearing Officer concluded that there was no likelihood of confusion; despite 'some visual and aural similarities' in the marks they were, on the whole, not similar. The Hearing Officer's assessment included some reflections on the average UK customer's reaction to foreign language marks.

The Section 5(2)(b) opposition failed accordingly. The evidence did not support the allegations under Section 3(6) and the opposition therefore failed in total.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o29705.html