BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEXT (Trade Mark: Opposition) [2003] UKIntelP o33003 (31 October 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o33003.html Cite as: [2003] UKIntelP o33003 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o33003
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opponents opposition was based on their ownership of a number of registrations of their mark NEXT in respect of identical goods. They also submitted evidence to show that they had a substantial reputation in their mark.
Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks TEXT and NEXT. In so doing he also considered a claim by the opponents that in use the applicants used a typeface similar to that used by the opponents and both marks were presented on a black background. Even taking account of the opponents reputation in their mark and the slight resemblance of typeface presentation, the Hearing Officer concluded that the respective marks were visually, phonetically and conceptually different. Opposition failed on this ground.
The opposition also failed under Section 5(4)(a) as the Hearing Officer considered that the opponents case was no stronger under that Section as compared to Section 5(2)(b).
