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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BATTLESTORM (Trade Mark: Opposition) [2008] UKIntelP o21108 (21 July 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o21108.html
Cite as: [2008] UKIntelP o21108

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BATTLESTORM (Trade Mark: Opposition) [2008] UKIntelP o21108 (21 July 2008)

For the whole decision click here: o21108

Trade mark decision

BL Number
O/211/08
Decision date
21 July 2008
Hearing officer
Mr G Salthouse
Mark
BATTLESTORM
Classes
28, 41
Applicants
Momentum Limited
Opponent
Jakks Pacific Inc
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

The opposition which was directed at some only of the goods in Class 28, was based on the opponent’s mark THE STORM, applied for in respect of “Water toys, namely toy water guns”.

The Hearing Officer concluded that the Class 28 specifications were similar, but that “the visual and aural differences between the marks far outweigh any slight similarity”. The opposition therefore failed.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o21108.html