Trade mark decision

BL Number

O/155/05

Decision date

10 June 2005

Hearing officer

Mr M Reynolds

Mark

TURBO-CAT

Classes

25

Applicant

Rajan Imports Limited

Opponent

Registros Internacionales Aplicados, S.L.

Opposition

Sections: 5(1); 5(2)(a) & 5(2)(b)

Result

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

Section 5(1): - Opposition dismissed.

Section 5(2)(a): - Opposition dismissed.

Points Of Interest

• 1. Identicality of marks.
• 2. Comparison of the marks TURBO v TURBO-CAT.
• 3. Opponent's mark cited at examination stage.

Summary

The opposition was based on the opponent's mark TURBO, registered in the Community in respect of clothing. The opponent had cited Sections 5(1) and 5(2)(a) in the grounds of opposition but as these required the marks to be identical, which they were not, the Hearing Officer quickly dismissed them and turned to a consideration of the matter under Section 5(2)(b). The goods were adjudged to be identical and/or closely similar. The matter therefore turned on an analysis and comparison of the marks.

In the result the Hearing Officer found a likelihood of confusion and he dismissed a suggestion that as the opponent's mark had been cited at the examination stage and subsequently waived by the examiner, he could not now come to a different view without new evidence.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15505.html