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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 >> SQUIRREL (Trade Mark: Opposition) [2002] UKIntelP o52902 (23 December 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o52902.html Cite as: [2002] UKIntelP o52902 |
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For the whole decision click here: o52902
Result
Section 5(4)(a) - Opposition partially successful
Points Of Interest
Summary
The Hearing Officer found:- (i) that the opponent's trade was genuine and real and, though small, had created a protectable goodwill and (ii) that the services set out in the Class 39 application were very similar to those in which the opponents had established that goodwill and the marks were identical. He therefore had to consider the extent of the opponents' protection, since their activities had taken place in a small geographical area.
The difficulty of making a finding on the adequacy or reasonableness of a geographical limitation was removed however when it was noted that the 'self-storage' facilities in which the opponents were engaged were different in their nature from the 'storage' services specified by the applicants. The application was therefore allowed to proceed with 'self-storage' excluded from the specification.
The Hearing Officer regarded this as a 'score draw' and he awarded costs to neither party.
