Trade mark decision

BL Number
O/271/02
Decision date
10 July 2002
Hearing Officer
Mr J MacGillivray
Mark
BLUPARC
Classes
09, 42
Applicants
bluparc Limited
Opponents
BlueArc Corporation
Opposition
Sections 3(6) & 5(2)(b)

Result

Section 3(6): - No finding.

Section 5(2)(b): - Opposition successful.

Points Of Interest

  • 1. Comparison of the marks BLUE ARC v BLUPARC.

Summary

The opposition was based on the opponents’ registrations of BLUE ARC, in classes 9, 15, 16 and 37

Under Section 5(2)(b), the Hearing Officer found that the same or similar goods and services were involved, and the overall similarities in the marks gave rise to a likelihood of confusion. The opposition under that section succeeded accordingly. The Hearing Officer made no finding under Section 3(6).

Full decision O/271/02 PDF document21Kb