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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BERKELEY SUPERKINGS device (series of four marks) (Trade Mark: Opposition) [2007] UKIntelP o17507 (20 June 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o17507.html
Cite as: [2007] UKIntelP o17507

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BERKELEY SUPERKINGS device (series of four marks) (Trade Mark: Opposition) [2007] UKIntelP o17507 (20 June 2007)

For the whole decision click here: o17507

Trade mark decision

BL Number
O/175/07
Decision date
20 June 2007
Hearing officer
Mr D Landau
Mark
BERKELEY SUPERKINGS & device (series of four marks)
Classes
34
Applicants
Gallaher Limited
Opponents
Philip Morris Products SA
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.

Points Of Interest

Summary

The application was for a series of marks which represent, essentially, cigarette packets. The design behind the word consisted of a v-shaped notch or chevron. The opposition was based on a cigarette packet design with an inverted-v shape or roof shape. However, despite the identicality of the goods the Hearing Officer, after a detailed consideration of the marks and the overall picture found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly and the Hearing Officer’s findings effectively decided the matter under Section 5(4)(a) also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o17507.html