Trade mark decision

BL Number

O/331/99

Decision date

22 September 1999

Hearing officer

Dr W J Trott

Mark

PLAYER/PLAYERS

Classes

33

Applicants

Halewood International Limited

Opponents

Imperial Tobacco Limited

Opposition

Section 5(2)(b), 5(3), 5(4)(a) and 3(3)

Result

5(2)(b) - opposition failed as marks not confusingly similar. (Registered mark JSP John Player Special)

5(3) - opposition failed - case not made out even through respective marks identical

5(4)(a) - opposition failed in view of finding under 5(2)(b) and 5(3)

Points Of Interest

• 1. To succeed under Section 5(3) an opponent must file evidence to support allegations that the mark applied for will take unfair advantage of or be detrimental to the continued use of their mark.

Summary

Opponents opposition based on registration of JSP John Players Special for alcoholic goods in Class 33 and on registrations in Class 34 for the mark PLAYERS. In relation to 5(2)(b) the H/O decided that the respective marks in Class 33 were not confusingly similar.

In dealing with 5(3) where the marks at issue are identical, the H/O concluded that the opponents had not established that the new mark would take unfair advantage of or be detrimental to the continued use of their mark. The fact that PLAYER/PLAYERS is a dictionary word with a well known meaning was taken into account by the H/O.

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