Trade mark decision

BL Number

O/268/00

Decision date

3 August 2000

Hearing officer

Mr M Knight

Mark

PRIMA NINA

Classes

25

Applicant

Karl Conzelmann GmbH & Co

Opponent

Primark HoldingsPrimark Stores Limited

Opposition

(to application for protection under Madrid Protocol) Section 5(2)(b)

Result

Section 5(2) (b) - Opposition failed, marks not confusingly similar.

Points Of Interest

• "Where the only component of a mark which could be regarded as creating a similarity with another mark is the subject of a disclaimer that component cannot be taken into account when determining the likelihood of confusion."

Summary

The applicants sought protection for their mark (registered in Germany) under Article 3 of the Trade Marks (International Registration) Order 1996. The opponents opposed this request under Section 5(2)(b) of the Trade marks Act 1994, on the basis of various PRIMARK and PRIMA marks in their ownership: [the opponents’ registrations disclaimed a right to the exclusive use of the word PRIMA]. In the event the Hearing Officer found no overall visual or aural similarity between the undisclaimed elements of the marks.

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