BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE DRUNKEN MONKEY (series of 3 marks) (Trade Mark: Opposition) [2007] UKIntelP o23607 (20 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o23607.html
Cite as: [2007] UKIntelP o23607

[New search] [Printable PDF version] [Help]

THE DRUNKEN MONKEY (series of 3 marks) (Trade Mark: Opposition) [2007] UKIntelP o23607 (20 August 2007)

For the whole decision click here: o23607

Trade mark decision

BL Number
O/236/07
Decision date
20 August 2007
Hearing officer
Mr M Reynolds
Mark
THE DRUNKEN MONKEY (series of 3 marks)
Classes
41, 43
Applicants
The Drunken Monkey Limited
Opponents
Nine Dots LLC
Opposition
Sections 5(2)(b) & 5(3)

Result

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

Points Of Interest

Summary

The opposition was based on the opponents’ CTM “drunkenmunky” registered in classes 25. The Hearing Officer found the marks ‘similar to a high degree’. However, despite submissions that there was ‘complementarity’ between clothing on the one hand and entertainment services, nightclubs etc on the other, and that they shared a common group of users, the Hearing Officer found no similarity in the goods/services.

The Section 5(2)(b) objection failed accordingly.

The evidence filed in support of the Section 5(3) objection referred only to use in the UK and did not establish a reputation in the Community. It did not in any case, establish a UK reputation to the requisite standard. This objection failed also.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o23607.html