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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ESPIRIT (Trade Mark: Opposition) [1998] UKIntelP o13898 (2 July 1998) URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13898.html Cite as: [1998] UKIntelP o13898 |
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For the whole decision click here: o13898
Result
Section 5(2)(b) - opposition failed
Section 5(3) - opposition failed
Section 5(4)(a) - opposition failed
Points Of Interest
Summary
The opposition was based on the opponents' registration of their mark ESPRIT, registered in Class 12 in respect of motor land vehicles. The Hearing Officer found that the marks were similar but the goods (bicycles and parts) were not. Accordingly, the Section 5(2)(b) objection failed. The evidence in support of the opponents' claim of reputation was insufficient for the purposes of Section 5(3); this also decided to matter under Section 5(4)(a).
