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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 >> QS BY S OLIVER (Trade Mark: Opposition) [1998] UKIntelP o22398 (11 November 1998) URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o22398.html Cite as: [1998] UKIntelP o22398 |
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For the whole decision click here: o22398
Result
Section 1 - Opposition failed
Section 3(1) - Opposition failed
Section 3(6) - Opposition failed
Section 5(2)(b) - Opposition partially successful
Section 5(4(a) - Not considered
Points Of Interest
Summary
The opponents had a number of registrations of their mark QS in Class 25 and they filed evidence of user dating back to 1972.
The essential ground of opposition in this case was under Section 5(2)(b) and the Hearing Officer had no difficulty in reaching the conclusion that the essential feature of the applicants mark was the letters QS and that this mark was confusingly similar to the opponents registered marks. The Hearing Officer went into some detail in comparing the respective goods and concluded that the opposition was successful against the Class 25 application but that the applicants mark could proceed for a restricted specification in Class 18.
