Trade mark decision

BL Number

O/459/00

Decision date

11 December 2000

Hearing officer

Mr M Reynolds

Mark

EWC

Classes

14

Applicant

Inex Corporation Ltd

Opponent

IWC International Watch Co AG

Opposition

Sections 3(1); 3(6); 5(2); 5(3) & 5(4)

Result

Section 3(1) - Opposition failed.

Section 3(6) - Opposition dismissed.

Section 5(2) - Opposition failed.

Section 5(3) - Opposition failed.

Points Of Interest

• None

Summary

The opposition was founded principally in the opponents' registration of their mark IWC, in Class 14. Under Section 3(1) the Hearing Officer found that in the light of the Registrar’s practice in relation to letters and numerals, and in the absence of an explanation by the opponents, the opposition failed. The Section 3(6) ground appeared to the Hearing Officer to be a relative ground dressed up as an absolute ground; this too was dismissed. From a comparison of the marks, and the relevant factors, the Hearing Officer concluded that there was not a likelihood of confusion. The opposition under Section 5 failed accordingly.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o45900.html