Trade mark decision

BL Number

O/354/01

Decision date

15 August 2001

Hearing officer

Mr G Salthouse

Mark

DEVICE ONLY MARK

Classes

09

Applicant

American Home Products Corporation

Opponent

Knoll Aktiengellschaft

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - opposition successful

Points Of Interest

• (1) The applicants claimed that in use the respective device marks would be accompanied by word marks which would help to distinguish them. The Hearing Officer noted that he could not take such claims into consideration. The marks at issue must be the ones compared.

Summary

The opponents opposition was based on their ownership of a prior International Trade Mark in Class 5 consisting of a device of a human having body elements and which they claimed was similar to the applicants mark. The Hearing Officer established that identical goods were at issue and that he must consider normal and fair use of the respective marks in relation to goods within the respective specifications. The Hearing Officer considered that visually the respective marks were very similar and taking account of imperfect recollection, concluded that there was a real likelihood of confusion between the two marks. Opposition succeeded.

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