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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 >> MALTIN POLAR (Trade Mark: Opposition) [2004] UKIntelP o02704 (30 January 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o02704.html Cite as: [2004] UKIntelP o2704, [2004] UKIntelP o02704 |
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For the whole decision click here: o02704
Result
Section 5(2)(b) - Opposition for the most part successful
Points Of Interest
Summary
The opposition was based on the mark POLAR registered in Classes 33 and 42.
The Hearing Officer quickly selected Section 5(2)(b) as the proper ground of opposition, since the marks were not identical.
Comparing the marks under Section 5(2)(b) the Hearing Officer found them distinctively similar in a key respect.
He therefore went on to compare the goods/services.
In the result he found that the goods applied for were for the most part either similar or closely similar to the opponents’ "broad ranging specification". Overall he found a likelihood of confusion except in respect of a narrow residue of the applicants’ specification. The opposition succeeded in respect of the remainder.
