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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ACTIVE SPORT (Trade Mark: Opposition) [2000] UKIntelP o06900 (24 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o06900.html
Cite as: [2000] UKIntelP o6900, [2000] UKIntelP o06900

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ACTIVE SPORT (Trade Mark: Opposition) [2000] UKIntelP o06900 (24 February 2000)

For the whole decision click here: o06900

Trade mark decision

BL Number
O/069/00
Decision date
24 February 2000
Hearing officer
Mr M Reynolds
Mark
ACTIVE SPORT
Classes
25
Applicants
Bains & Sons Huff & Puff Clothing Co
Opponents
Umbro Europe Ltd
Opposition
Sections 3(3)(b); 3(4); 3(6); 5(2) & 5(4)(a)

Result

Section 3 - All grounds dismissed

Section 5(2) - Opposition failed

Section 5(4) - Opposition failed

Points Of Interest

Summary

The opposition was based on the similarity of the device element of the mark (essentially a diamond shape). The Hearing Officer considered that all the absolute grounds under Section 3 were misconceived or insufficiently particularised, and he dismissed them all. Under Section 5(2)(b) the Hearing Officer concluded that there was no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer’s view was that use of the applicants’ mark would not involve misrepresentation or damage.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o06900.html