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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FAR PEAK FARM device (Trade Mark: Opposition) [2007] UKIntelP o20707 (24 July 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o20707.html
Cite as: [2007] UKIntelP o20707

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FAR PEAK FARM device (Trade Mark: Opposition) [2007] UKIntelP o20707 (24 July 2007)

For the whole decision click here: o20707

Trade mark decision

BL Number
O/207/07
Decision date
24 July 2007
Hearing officer
Mr G Salthouse
Mark
FAR PEAK FARM & device
Classes
29
Applicants
Far Peak Farm Limited
Opponents
Kettle Foods Inc.
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)( b): Opposition failed. Section 5(3): Opposition failed. Section 5(4)(a): Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents’ mark PEAK, registered in Class 29 (inter alia). The goods were identical. The Hearing Officer, however, found the marks to be not similar and overall, no likelihood of confusion. The Section 5(2) objection failed accordingly and this effectively decided the Section 5(4) objection also since no deception would occur.

The opponents had not shown the necessary reputation required for a Section 5(3) objection and this ground failed also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o20707.html