Trade mark decision

BL Number
Decision date
12 September 2005
Appointed Person
Mr Geoffrey Hobbs QC
14, 25, 28
Ke-Pro BV
Amberes SA
Section 5(2)(b)


Section 5(2)(b): - Appeal dismissed. Opposition failed.

Points Of Interest

  • 1. See also Hearing Officer's decision dated 20 December 2004 (BL O/372/04).


The opponent owns a registration of the mark ESCORPION in Classes 14, 24 and 25 and of the mark ESCORPION and device of a scorpion in Class 25. In his decision dated 21 December 2004 (BL O/372/04) the Hearing Officer decided that the mark of the applicant was not confusingly similar to those of the opponent and thus opposition failed.

The opponent appealed on the basis that the Hearing Officer was wrong in reaching his decision as the respective marks were so conceptually similar that visual and aural differences were insufficient to avoid the likelihood of confusion.

The Appointed Person considered the respective marks carefully but did not accept that the public would see, or recognise, the applicant's mark as meaning "scorpion", particularly in its stylised form. On the other hand they might well view the opponent's mark as meaning 'scorpion' as this is reinforced by the presence of a device of a scorpion in one of its marks. As the respective marks are also different visually and aurally, the Appointed Person concluded that there was no likelihood of confusion if the respective marks were used in relation to the goods at issue. Appeal dismissed.

Full decision O/252/05 PDF document41Kb