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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 >> CULINOX (Trade Mark: Opposition) [2003] UKIntelP o00303 (3 January 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o00303.html Cite as: [2003] UKIntelP o303, [2003] UKIntelP o00303 |
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For the whole decision click here: o00303
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
The opposition was based on the opponents’ mark CULINARE, registered in Classes 8 and 21 for items which, the Hearing Officer found, were identical or very similar to those specified in the application. The opponents’ mark, he decided, did not possess a high degree of distinctiveness of itself, its distinctive character had been enhanced through use.
However, having compared the marks and taken account of other relevant factors, the Hearing Officer did not consider that there existed a likelihood of confusion.
The opponents could be in no better a position under Section 5(4)(a), he decided, and hence that ground failed also.
