Trade mark decision

BL Number
O/197/04
Decision date
7 July 2004
Hearing officer
Mr M Reynolds
Mark
Spirit Group
Classes
14, 16, 18, 21
Applicant
Spirit Group Limited
Opponent
Esprit International
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • 1. Comparison of the marks ESPRIT v SPIRIT groups.
  • 2. Foreign words appearing in English language dictionaries.
  • 3. Family of marks.

Summary

The opposition (which was directed at some, only, of the goods and services specified) was based on various registrations of the mark ESPRIT and variants thereof.

As the applicants had themselves accepted that in the classes in dispute the goods/services were identical or similar, the Hearing Officer proceeded to a comparison of the marks. A detailed assessment, however resulted in a finding that there was no likelihood of confusion.

Regarding the opponents’ claim to be proprietors of a family of marks, the Hearing Officer noted that even had the requisite detailed information on use been provided (which it was not), it would not have materially advanced the opponents’ case.

The opposition failed accordingly.

Full decision O/197/04 PDF document274Kb