Trade mark decision

BL Number

O/069/00

Decision date

24 February 2000

Hearing officer

Mr M Reynolds

Mark

ACTIVE SPORT

Classes

25

Applicants

Bains & Sons Huff & Puff Clothing Co

Opponents

Umbro Europe Ltd

Opposition

Sections 3(3)(b); 3(4); 3(6); 5(2) & 5(4)(a)

Result

Section 3 - All grounds dismissed

Section 5(2) - Opposition failed

Section 5(4) - Opposition failed

Points Of Interest

• 1. The Hearing Officer confined his considerations to the mark as applied for, and not some "potentially bridging mark" shown by the evidence to be in use by the applicants.

Summary

The opposition was based on the similarity of the device element of the mark (essentially a diamond shape). The Hearing Officer considered that all the absolute grounds under Section 3 were misconceived or insufficiently particularised, and he dismissed them all. Under Section 5(2)(b) the Hearing Officer concluded that there was no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer’s view was that use of the applicants’ mark would not involve misrepresentation or damage.

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