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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HAPPY BOX (Trade Mark: Opposition) [2008] UKIntelP o04608 (18 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04608.html
Cite as: [2008] UKIntelP o04608, [2008] UKIntelP o4608

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HAPPY BOX (Trade Mark: Opposition) [2008] UKIntelP o04608 (18 February 2008)

For the whole decision click here: o04608

Trade mark decision

BL Number
O/046/08
Decision date
18 February 2008
Hearing officer
Mr O Morris
Mark
HAPPY BOX
Classes
35
Applicant
Happy Box London Limited
Opponent
Lightbulb Ventures Ltd
Opposition
Section 5(2)(b)

Result

Section 5(2)(a): Opposition successful.

Points Of Interest

Summary

The opponent owns a registration of the mark Boxhappy in Class 35 in respect of identical and similar services as those of the applicant. Essentially both parties offer retail services in respect of a range of products including gift products.

Under Section 5(2)(b) the Hearing Officer compared the respective marks HAPPY BOX and Boxhappy. As both marks consist of the same two words BOX and HAPPY the Hearing Officer considered the marks to be visually and aurally similar. He also thought them to have some conceptual similarity Taking imperfect recollection into account the Hearing Officer decided that the respective marks were similar. He went on to find the opponent successful in its opposition on this ground.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04608.html