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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 >> DONUTS COMPANY (Trade Mark: Opposition) [2002] UKIntelP o06902 (30 January 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o06902.html Cite as: [2002] UKIntelP o06902, [2002] UKIntelP o6902 |
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For the whole decision click here: o06902
Result
Appeal dismissed.
Points Of Interest
Summary
The opponents contended that the application should have been refused under Sections 3(6) and 5(4)(a). The Appointed Person, however, found no fault in the Hearing Officer’s decisions on these two points and dismissed the appeal. In doing so he endorsed the Hearing Officer’s remarks concerning the tendency of opponents to lower the requirement for a likelihood of confusion under Section 5(2) or 5(4)(a) by basing their case on the alternative ground that the applicants’ mark must have been adopted in bad faith because it is similar to the opponents’ mark.
