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Trade mark decision

BL Number
Decision date
1 December 2004
Hearing officer
Mr G Salthouse
18, 25
Registered Proprietor
Terence Ball
Applicants for a declaration of Invalidity
Buffalo Boots GmbH
Application for Invalidation
Sections 47(2) (citing Section 5(2)(b))


Application for invalidation, Section 47(2) (citing 5(2)(b)), successful.

Points Of Interest

  • 1. Comparison of the marks BUFFALO v BUFFALO CREEK.
  • 2. State of the Register evidence.


The applicant company were proprietors of a number of registrations of BUFFALO in Classes 18 & 25.

Having compared the goods and the marks the Hearing Officer concluded, on a global assessment, that there was a likelihood of confusion and the application for invalidation succeeded accordingly.

Full decision O/353/04 PDF document41Kb