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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROLCRAFT (Trade Mark: Opposition) [2005] UKIntelP o15905 (15 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15905.html
Cite as: [2005] UKIntelP o15905

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ROLCRAFT (Trade Mark: Opposition) [2005] UKIntelP o15905 (15 June 2005)

For the whole decision click here: o15905

Trade mark decision

BL Number
O/159/05
Decision date
15 June 2005
Hearing officer
Mr M Foley
Mark
ROLCRAFT
Classes
07, 08
Applicant
Rolson Tools Limited
Opponent
Rodcraft Pneumatic Tools GmbH & Co, KG
Opposition
Sections:- 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - Opposition successful.

Section 5(4)(a): - Opposition successful.

Points Of Interest

Summary

The opposition was based on the opponent's marks RODCRAFT. The Hearing Officer found the respective marks to be visually, orally and conceptually similar. After a comparison of the goods and on a global appreciation the Hearing Officer found a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly. Since that finding effectively decided the matter, the Hearing Officer only briefly considered the matter under Section 5(4)(a), but in this, too, he found the opponent successful.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15905.html