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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 >> SMART CARS PERRY (Trade Mark: Invalidity) [2001] UKIntelP o30801 (13 July 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o30801.html Cite as: [2001] UKIntelP o30801 |
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For the whole decision click here: o30801
Result
Section 47 based on Section 5(2)(b) - Invalidity action successful.
Points Of Interest
Summary
The opponents owned a prior Community trade mark consisting of the word SMART in lower case in Class 12 for identical goods. At the relevant date neither side had any use so the matter fell to be decided by comparing the respective trade marks. As SMART is clearly the dominant element in the applicants mark the Hearing Officer had little difficulty in deciding that the respective marks were confusingly similar and that there was a likelihood of confusion. Invalidity action successful.
