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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 >> MEMORY STICK (Trade Mark: Opposition) [2003] UKIntelP o40203 (19 December 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o40203.html Cite as: [2003] UKIntelP o40203 |
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For the whole decision click here: o40203
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
Summary
The opponent's opposition was based on earlier registrations inClasses 9 and 28 of the mark MEMORY in respect of identical and similar goodsas those of the applicant.
In comparing the respective marks under Section 5(2)(b) the Hearing Officer observed that the opponent's mark consists of a descriptive word which must have a low level of distinctive capacity. In any case the respective marks were different visually, phonetically and conceptually and he did not think, therefore, that they were confusingly similar. Opposition thus failed.
