Trade mark decision

BL Number

O/454/00

Decision date

6 December 2000

Hearing officer

Mr M Foley

Mark

GLOBERISK

Classes

35, 36

Applicants

KPMG

Opponents

Lombard Risk Systems Limited

Opposition

Section 5(2)(a)

Result

Section 5(2)(a) - Opposition successful

Points Of Interest

• 1. Computer software designed for use in risk management applications is similar to Consultancy services providing risk management assessments.

Summary

The opponents owned a prior registered GLOBERISK mark in Class 9 in respect of "Computer programmes" and they stated that software sold under the mark was for use in the financial services sector, in particular for risk management applications. The applicants were also in the financial services field and their evidence indicated that their GLOBERISK mark would be used in relation to consultancy, in particular business risk appraisal, risk analysis, etc. The applicants claimed significant use of their mark from 1994 whereas the opponents had not yet put their mark into use.

The Hearing Officer compared the opponents goods with the services offered by the applicants and concluded that they were very similar. As the respective marks are identical he decided that there was a real likelihood of confusion, assuming normal and fair used by both parties. Opposition successful.

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