Trade mark decision

BL Number

O/163/06

Decision date

20 June 2006

Hearing officer

Mr M Reynolds

Mark

ELLE

Classes

23

Applicant

Saprotex International (Proprietary) Limited

Opponent

Hachette Filapacchi Presse

Opposition

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

Result

Section 5(2)(a): Opposition failed. Section 5(3): Opposition failed. Section 5(4)(a): Opposition failed.

Points Of Interest

• Comparison of the goods/market : knitting wool & yarn v women’s fashion clothing directed at a younger audience.

Summary

Registrations was sought in respect of “knitting wool and knitting yarn”, The opposition was founded on a number of ELLE marks registered in Classes 16, 25 and 41. Before dealing with the grounds of objection the Hearing Officer reviewed the evidence and indications concerning the knitting market and the profile of a typical knitter, as these issues featured at length in the submissions relating to the alleged clash. The marks being identical the matter really turned on the similarity of the goods; knitting wool and yarn v women’s fashion clothing. In the result the Hearing Officer found that the opponents had not succeeded under Section 5(2).

The opposition also failed the ‘unfair advantage’ claim under Section 5(3), and the ‘detriment’ case was not pressed.

This effectively decided the Section 5(4)(a) also.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o16306.html