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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 >> STORM (Trade Mark: Opposition) [2008] UKIntelP o00508 (10 January 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o00508.html Cite as: [2008] UKIntelP o00508, [2008] UKIntelP o508 |
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For the whole decision click here: o00508
Result
Section 5(2)(a): Opposition failed.
Points Of Interest
Summary
The application was sought in respect of “provision of information relating to fashion”. The opposition was based on the mark “STORM”, registered in Class 42 in respect of design services relating to a range of items including such things as clothing and eyewear. The marks being identical the Hearing Officer determined that the matter fell to be decided under Section 5(2)(a) and he therefore turned to a comparison of the respective services. Evidence provided under the Proof of Use regulations decided him. that he should confine his comparison to the designing of clothing and eyewear offered by the opponents, with the fashion information services specified by the applicants. In these he found a “low degree of similarity only”. He noted the lack of detailed information on how the respective trades operated and eventually concluded that there was “insufficient basis for (him) to conclude that there (was) a likelihood of confusion”. The opposition therefore failed.
