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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 >> POTnGRO (Trade Mark: Opposition) [2006] UKIntelP o09106 (30 March 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o09106.html Cite as: [2006] UKIntelP o09106, [2006] UKIntelP o9106 |
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For the whole decision click here: o09106
Result
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Section 56: - Opposition failed.
Points Of Interest
Summary
The opposition was based on a number of registrations of the marks MIRACLE-GRO and MIRACLE-GRO PLANT & GRO Following a detailed analysis and adopting a 'global' approach, the Hearing officer concluded that 'on the balance of probability' there was no likelihood of confusion. The Section 5(2)(b) objection failed, therefore.
The opponents' strong reputation was in respect of their MIRACLE-GRO marks, which was not the same as the marks in the application. The Section 5(3) objection therefore also failed.
Since the marks were not similar, misrepresentation would not occur and the Section 5(4)(a) objection failed accordingly.
The opponents' position was no stronger under Section 56 and this ground also failed.
