Trade mark decision

BL Number

O/479/00

Decision date

22 December 2000

Hearing Officer

Mr M Reynolds

Mark

UNITED

Classes

32

Applicant

Rygrange Limited

Opponent

Manchester United Plc

Opposition

Sections 3(6); 5(2)(b) & 5(4)(a)

Result

Section 3(6) - Opposition dismissed.

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

• 1. Request to widen the attack under Section 3(6)
• 2. Speculations as to the confusion that might be caused by the manner of possible use.

Summary

At the hearing the opponents sought to widen their attack under Section 3(6) to include an allegation of an absence of intention to use. The Hearing Officer rejected this request : no other issue under Section 3(6) was brought forward and that ground was therefore dismissed in its entirety. Under Section 5(2) the Hearing Officer did not find that the marks UNITED and MANCHESTER UNITED would give rise to a likelihood of confusion. The case under Section 5(4)(a) also failed.

Full decision O/479/00 95Kb