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Trade mark decision

BL Number: O/073/99
Decision date: 5 March 1999
Hearing officer: Mr M Foley
Mark: HORSEBUMS
Classes: 25
Applicant: M J Ainge & Co Limited
Opponent: B.U.M. International Inc
Opposition: Sections 3(3)(b); 3(6); 5(2); 5(3); 5(4) & 56*

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

The need for precise statement for an objection under Section 5(4) - noted in WILD CHILD, applies equally to other grounds of opposition, "in the interests of justice and fairness".

Summary

*The opponents based their attack on their registration of "b.u.m. equipment"; they provided no evidence in support of any of their other claims. Consequently, the Hearing Officer dismissed all grounds other than Section 5(2)(b). Under that Section he considered that the marks were not similar, and the opposition failed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07399.html

United Kingdom Intellectual Property Office Decisions

HORSEBUMS (Trade Mark: Opposition) [1999] UKIntelP o07399 (5 March 1999)

Trade mark decision

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	United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HORSEBUMS (Trade Mark: Opposition) [1999] UKIntelP o07399 (5 March 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07399.html Cite as: [1999] UKIntelP o7399, [1999] UKIntelP o07399