Trade mark decision

BL Number
O/259/01
Decision date
14 June 2001
Hearing Officer
Mr G Salthouse
Mark
AST
Classes
09
Applicant
Aladdin Knowledge Systems Limited
Opponent
Acer Incorporated
Opposition
Sections 3(1); 3(3); 3(6); 5(2)(b) & 5(4)(a)

Result

Section 3(1) - Opposition failed

Section 3(3) - Opposition failed

Section 3(6) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Points Of Interest

  • 1. Comparision of the mark ASE v ACER

Summary

The opposition was based on the opponents’ use and registrations of their mark ACER. The Hearing Officer found no objection to the mark under Section 3(1) or 3(3), and he noted that no evidence had been filed in support of the allegation under Section 3(6). These grounds failed accordingly. Under Section 5(2) he found that the differences between the marks outweighed the "superficial similarities" and the opposition under that Section therefore failed. The opposition under Section 5(4)(a) also failed, as no misrepresentation was involved.

Full decision O/259/01 PDF document36Kb