Trade mark decision

BL Number
O/351/04
Decision date
30 November 2004
Hearing officer
Mr M Foley
Mark
TOP LOCK SILENT
Classes
19
Applicant
Hornitex-Werke Gebr Künnemeyer GmbH & Co KG
Opponent
Weyerheuser Company
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. Comparison of the marks: SILENT FLOOR v TOP LOCK SILENT & device.

Summary

The opposition was based on two Community Trade Mark registrations of the marks SILENT FLOOR and THE SILENT FLOOR, in Class 19. Having reviewed both the marks and the goods covered the Hearing Officer concluded, on a global assessment; that whilst there were some similarities these were more than outweighed by the differences; there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.

The opponents had established their claim to the requisite reputation, but the Hearing Officer’s findings in respect of the similarity of the marks, meant that there would be no misrepresentation and hence no damage. The opposition under Section 5(4)(a) failed also, therefore.

Full decision O/351/04 PDF document72Kb