Trade mark decision

BL Number

O/121/03

Decision date

29 April 2003

Hearing officer

Mr G Salthouse

Mark

THE ORANGE HOUSE

Classes

41, 42

Applicants

Luminar Leisure Limited

Opponents

Orange Personal Communications Services Limited

Opposition

Sections 5(2)(b) & 5(3)

Result

Section 5(2)(b) - Opposition failed.

Section 5(3) - Opposition failed.

Points Of Interest

• Comparison of the marks : "conceptual differences" : ORANGE v THE ORANGE HOUSE, and THE ORANGE STUDIO v THE ORANGE HOUSE.

Summary

The opposition was based on a number of the opponents' marks all consisting of or containing the word ORANGE; also heard on the same day was the opponents’ application for a declaration of invalidity in respect of a registration of THE ORANGE HOUSE in the ownership of the applicants (see BL O/122/03).

The Hearing Officer found that eighteen of the opponents' marks specified services in Class 42 identical with those in the applications.

For a comparison of the marks the Hearing Officer selected two, ORANGE and THE ORANGE STUDIO, as representing the opponents best case. He also decided that the major difference in the marks lay in the 'conceptual differences'. In the result he decided that there was no likelihood of confusion and the opposition under Section 5(2)(b) failed accordingly.

The opponents had not shown a reputation at the relevant date and the Section 5(3) objection failed also.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o12103.html