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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE ENGLISH TEAM device of a tick (Series of 4) (Trade Mark: Opposition) [2007] UKIntelP o35307 (4 December 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o35307.html
Cite as: [2007] UKIntelP o35307

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THE ENGLISH TEAM device of a tick (Series of 4) (Trade Mark: Opposition) [2007] UKIntelP o35307 (4 December 2007)

For the whole decision click here: o35307

Trade mark decision

BL Number
O/353/07
Decision date
4 December 2007
Hearing officer
Mr C Bowen
Mark
THE ENGLISH TEAM & device of a tick (Series of 4)
Classes
14, 16, 18, 21, 24, 25, 26, 28, 30
Applicants
The England Team Limited
Opponents
Grotto S.p.A.
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

The opposition was based on CTM registrations of the opponents’ ‘tick’ device bearing the words ‘GAS’ and, in some versions ‘BLUE JEANS, GAS’. These were registered in respect of goods which, it was agreed, were identical with those specified in the application. The Hearing Officer found no oral or conceptual similarity in the marks and only a very minimal degree of visual similarity.

Overall, he found no likelihood of confusion and the opposition failed accordingly.

The Hearing Officer made an award of costs which reflected the fact that the applicants’ extra expenditure had been caused by their own failure to maintain contact with their address for service.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o35307.html