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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 >> PINK ICE (Trade Mark: Inter Partes) [2006] UKIntelP o25706 (13 September 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o25706.html Cite as: [2006] UKIntelP o25706 |
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For the whole decision click here: o25706
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition successful.
Points Of Interest
Summary
The opposition was based on registrations of the marks ICEBERG and ICE ICE ICEBERG and on use of an unregistered mark ICE JEANS. Having reviewed the matter the Hearing Officer found the opposition to have failed under Section 5(2)(b); the marks he said, were not similar, they were dissimilar.
Under Section 5(4)(a), however, he found the opponents’ case based on the use of their mark ICE JEANS, successful. The application was refused accordingly.
In his consideration of a preliminary matter the Hearing Officer remarked that the Registry’s form TM7 and the notes for its completion would “tend to give rise to a failure of particularisation.”
