Trade mark decision

BL Number

O/071/00

Decision date

25 February 2000

Hearing officer

Mr M Foley

Mark

EUROGUARD

Classes

06

Applicants

Guardian Security Group Limited

Opponents

Group 4 Total Security Limited

Opposition

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

Result

Section 3(6) - Opposition failed

Section 5(2) - Opposition successful

Section 5(4)(a) - Opposition successful

Points Of Interest

• 1. Successful opposition under Section 5(4)(a).
• 2. Award of costs in respect of preliminary hearing.

Summary

The opponents were proprietors of a registration of the mark EUROGUARD in Class 42, in respect of various detective and surveillance services. The question to be resolved therefore was whether these were similar to the safes, cash boxes etc specified in the application. The Hearing Officer concluded that there was a likelihood of confusion and the opposition under Section 5(2) succeeded accordingly. The Section 5(3) ground was dismissed. The opposition under Section 5(4)(a) succeeded but no case of bad faith, Section 3(6), was established.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o07100.html