Trade mark decision

BL Number

O/569/01

Decision date

18 December 2001

Hearing officer

Mr A James

Mark

DEVICE ONLY MARK

Classes

25

Applicant

Kehar Singh Dosanjh

Opponent

Addidas-Salomon AG

Opposition

Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. The comparison of the two stripe and three stripe marks and the comparison of the goods.

Summary

Prior to publication the applicants specification had been reduced to "baby clothes". The opposition was based on the opponents "three stripe" mark. Under Section 5(2)(b), after a detailed analysis of the matter, the Hearing Officer found that there was no proper basis for concluding that there was a likelihood of confusion. This decided the matter under Section 5(3) also. The evidence did not support a case under Section 5(4)(a). Under Section 3(6) the opponents brought forward evidence of the applicant’s attempted use of a three stripe mark, for which he had received a warning from the Wolverhampton Trading Standards Authority. The Hearing Officer, however, did not infer from this any dishonesty in the applicant’s use of a two stripe mark, and he pointed to the need for an allegation of bad faith to be fully supported by the evidence.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o56901.html