Kersaall Figurative Mark Trademark Opposition
Summary
UKIPO issued Decision O/0290/26 on 31 March 2026 regarding the Kersaall figurative trademark opposition (Class 03). Hearing Officer Ms S Wallace considered grounds under Sections 5(1), 5(2), and 5(3) concerning likelihood of confusion, distinctive components, and imperfect recollection.
What changed
The UK Intellectual Property Office issued a final decision on trademark opposition BL Number O/0290/26 concerning the Kersaall figurative mark (Class 03). The Hearing Officer evaluated grounds under Sections 5(1), 5(2), and 5(3) of UK trademark law, examining the distinctive and dominant components of earlier trade marks, the importance of the first element, imperfect recollection doctrine, and the state of the register in assessing likelihood of confusion. The decision also addressed internet usage issues raised in the proceedings.
Trade mark attorneys and IP professionals should note this decision when advising clients on opposition proceedings, particularly regarding the analysis of distinctive components and likelihood of confusion factors. The decision serves as precedent for interpreting Sections 5(1)-(3) grounds in UK trademark disputes. Parties affected by this decision should consult the full ruling (O/0290/26) for specific outcomes and any resulting obligations.
Source document (simplified)
Trade mark decision
BL Number O/0290/26 Decision date 31 March 2026 Hearing Officer Ms S Wallace Mark Kersaall (Figurative) Classes 03 Grounds
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Distinctive and dominant components
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Importance of first element
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Imperfect recollection
- Sections 5(1), 5(2) and 5(3) Likelihood of Confusion - State of the register
- Other Issues - Internet usage issues **Full decision O/0290/26
373Kb**
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