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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 >> BENZ BOOM ROCK SOUL AND DEVICE (Trade Mark: Opposition) [2000] UKIntelP o31500 (23 August 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o31500.html Cite as: [2000] UKIntelP o31500 |
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For the whole decision click here: o31500
Result
Opposition failed on all grounds.
Points Of Interest
Summary
The opponents are proprietors of the marks MERCEDES-BENZ & DAIMLER BENZ used in respect of a wide range of goods and services. It was common ground that the opponents have registrations which cover goods, similar if not identical, to some of the goods in the application for registration in Classes 9, 18 & 25. The application did not however accept that the services in Class 41 were similar to those provided by the opponents. The Hearing Officer also noted that certain elements of the opponents registration are subject to restrictions under Section 5(2)(b). The Hearing Officer found that the marks were not sufficiently similar as to give rise to a likelihood of confusion in respect of identical or similar goods (and therefore not likely to cause confusion in respect of goods not identical or similar, under Section 5(3)). The evidence provided by the opponents did not substantiate their claims under Section 5(4).
