Trade mark decision

BL Number

O/309/00

Decision date

23 August 2000

Hearing officer

Dr W J Trott

Mark

PLANET FOOTBALL

Classes

41

Applicants

Island Leisure SL

Opponents

Anchor International Ltd

Opposition

Section 5(2)(a)

Result

Section 5(2)(a) - Opposition successful

Points Of Interest

• 1. Where an opposition under Section 5(2)(a) is based on an earlier pending mark, the final outcome - if the opponent is successful - depends on the pending mark(s) proceedings to registration.
• 2. Similar services : Public Houses services in Class 41 are likely to be similar to Public House services in Class 42.
• 3. See supplementary decision under No BL O/341/00

Summary

The opponents opposition was based on an earlier filed Community Trade Mark application for the mark PLANET FOOTBALL in Class 25 and 42. This is an earlier application in the context of 6(1)(a) of the Act but this status depends on the mark achieving registration.

As the marks are identical the only matter to be decided under Section 5(2) was whether or not the applicants services in Class 41 - Disco - pub services and musical entertainment services - were similar to the opponents services in Class 42 - Provision of food and drink, catering services; café, cafeteria, food bar, restaurant, wine bar, public house and inn services. Taking a global view of the matter the Hearing Officer concluded that such services were similar and that the opposition was successful. However, this was a preliminary decision - the final outcome being dependant on the earlier community mark owned by the opponents, proceeding to registration.

In fact opponents’ mark registered and Hearing Officer issued a supplemental decision under BL O/341/00 confirming the decision reached here.

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