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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CHORKEE (stylised) device (Trade Mark: Opposition) [2007] UKIntelP o25107 (30 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o25107.html
Cite as: [2007] UKIntelP o25107

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CHORKEE (stylised) device (Trade Mark: Opposition) [2007] UKIntelP o25107 (30 August 2007)

For the whole decision click here: o25107

Trade mark decision

BL Number
O/251/07
Decision date
30 August 2007
Hearing officer
Mr D Landau
Mark
CHORKEE (stylised) & device
Classes
16, 25
Applicants
Chorkee Ltd
Opponents
Cherokee Inc
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 various CHEROKEE marks registered in respect of goods which were similar. The Hearing Officer also found “a good deal of visual similarity between the respective marks”. Nevertheless, in his consideration of a likelihood of confusion the Hearing Officer concluded that the average consumer would “have conceptual hooks in relation to the earlier trade mark upon which the memory (could) hang”. Hence there was no likelihood of confusion. This finding in respect of the marks effectively finished off the Section 5(3) objection also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o25107.html