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Reports of Patent, Design and Trade Mark Cases 2005 122(15):525-549; doi:10.1093/rpc/2005rpc20
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© Crown Copyright

[2005] R.P.C. 20

OSKA'S LTD'S TRADE MARK APPLICATION

Appointed Person

(Richard Arnold Q.C.): October 15, 20041

[2005] R.P.C. 20

Trade mark—Application—Opposition—Earlier mark a common surname—Whether earlier mark had distinctive character—Assessment of distinctive character of surnames—Whether earlier mark had acquired distinctive character—Whether likelihood of confusion—Fair and normal use of mark applied for—Imperfect recollection—Observations on citing previous decisions on question of fact.

Key Words: Confusion • Distinctiveness • Names • Trade marks

1 Paragraph numbers in this judgment are as assigned by the court.


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