Trade mark decision

BL Number

O/183/03

Decision date

27 June 2003

Hearing officer

Mr M Knight

Mark

PC CLEAR

Classes

32

Applicant

The Silver Spring Mineral Water Company Ltd

Opponent

Loblaw Companies Limited

Opposition

Section 5(2)(b)* (*At this re-hearing (see below) this was the only ground pursued).

Result

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

Points Of Interest

• 1. Comparison of the marks PC (in stylised script) v PC CLEAR.

Summary

This was a re-hearing of an opposition (see BL O/111/02) at the direction of the Appointed Person (see BL O/433/02) who had ruled that the original finding of the Registrar’s Hearing Officer was flawed in that it was partly based on a legal argument to which neither party had had an opportunity of reply or of making fresh submissions.

The Hearing Officer at this re-hearing considered that whilst the whole of the original decision had been remitted, it was generally agreed that only the Section 5(2)(b) finding was in dispute.

Since neither party disputed that the goods at issue were identical or similar, the matter came down to a comparison of the mark. These, the Hearing Officer decided, were PC, in a stylised script form, and PC CLEAR. The CLEAR element of the mark could, in the Hearing Officer view, be a descriptor of the goods concerned. In the result he found a likelihood of confusion and the opposition under Section 5(2)(b) succeeded, reversing the original finding.

His award of costs was directed solely at the costs of the re-hearing.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o18303.html