Trade mark decision

BL Number

O/229/08

Decision date

11 August 2008

Hearing officer

Mr O Morris

Mark

BELLE DORM

Classes

24

Applicants

Richard Haworth Limited t/a Beldorm

Opponents

Dorma Group Limited

Opposition

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

Result

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

Points Of Interest

• Comparison of the marks DORMA v BELLE DORM, in respective of identical goods.

Summary

The opposition was based on various DORMA marks, registered in various classes including Class 24.

The goods being identical the matter turned essentially on a comparison of the marks. The Hearing Officer, having made the comparison and having considered other relevant factors concluded that there was no likelihood of confusion and the Section 5(2)(b) objection failed. This decided the Section 5(4)(a) objection also.

The Hearing Officer then turned to a detailed assessment of the case under Section 5(3). He accepted that the opponents’ reputation was high but in the result he could find no obvious detriment to the distinctive character of the opponents’ mark, no obvious detriment to its repute and no unfair advantage taken of such character or repute. The opposition therefore failed on all grounds.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o22908.html