Trade mark decision

BL Number

O/007/03

Decision date

7 January 2003

Hearing officer

Mrs A Corbett

Mark

BIG SLEEP

Classes

42

Applicants

Bed Factory Hotels Ltd

Opponents

Choice Hotels International Inc

Opposition

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

Result

Section 3(3)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• Comparison of the marks SLEEP INN v BIG SLEEP (& THE BIG SLEEP).

Summary

The opponents were proprietors of the mark SLEEP INN. The Hearing Officer dealt with the matter first under Section 5(2)(b), in which she found that the trade marks were "not sufficiently similar in distinctive features to create a likelihood of confusion, even in respect of identical services". The case under Section 5(4)(a) was no stronger; that ground failed also.

The case under Section 3(3)(b) was merely an alternative way of pursuing the objection under Section 5(4)(a); the more appropriate 'relative ground'.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o00703.html