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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 >> 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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For the whole decision click here: o06900
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.