Trade mark decision

BL Number

O/073/00

Decision date

28 February 2000

Hearing officer

Mr M Foley

Mark

DEVICE

Classes

34

Applicant

N V Sumatra Tobacco Limited

Opponent

Imperial Tobacco

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

• Under Section 5(4)(a) the Hearing Officer noted the additional elements incorporated in the opponents' mark, in use, and concluded that their reputation consequently did not reside in the 'get-up' alone.

Summary

It was self-evident that the goods in issue were the same. The matter under Section 5(2)(b) therefore came down to a comparison of marks. The Hearing Officer concluded that if there was any similarity "it must rest in the bands and lines as they are the only elements common to both trade marks". In the event the Hearing Officer found no likelihood of confusion, and the ground under Section 5(2)(b) failed accordingly. Under section 5(4)(a) the opposition also failed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o07300.html