Trade mark decision

BL Number

O/421/01

Decision date

25 September 2001

Hearing officer

Mr D Landau

Mark

KCK & CO

Classes

25

Applicant

Courtesy Shoes Limited

Opponents

C & J Clark International Limited

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• The nature of the opponents mark, bearing a letter of the alphabet "is such that its penumbra of protection cannot be overly wide. (The opponent) cannot monopolise a letter of the alphabet in all circumstances".

Summary

The opposition was based on the opponents' mark the letter 'K', registered in Class 25. As a preliminary matter the Hearing Officer dismissed the opponents' claim of protection under the Paris Convention, as they had not shown that their firm was a national of a Convention county. Under Section 5(2)(b) the Hearing Officer found that the respective goods were identical or similar but that the respective marks were not similar and no likelihood of confusion arose; the Section 5(2) ground of opposition failed accordingly. This effectively decided the matter under Section 5(4)(a) also.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o42101.html