Trade mark decision

BL Number

O/011/05

Decision date

12 January 2005

Hearing Officer

Mr J MacGillivray

Mark

POP

Classes

18, 25

Applicant

The Vintage Clothing Company Limited

Opponent

William John Dickinson, Anthony Frederick Richardson, Simon Dickie & Gary Thorneycroft t/a Pod Trademarks Partnership

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 POP (stylised) v Pod (stylised)

Summary

The opposition was based on a Community Trade Mark registration of the mark “POD” in Classes 18 and 25. On the evidence filed the Hearing Officer concluded that the opponents’ mark, “on a balance of its reputation and inherent nature (was) fully distinctive and deserving of a wide penumbra of protection”.

The goods being identical the Hearing Officer proceeded to a comparison of the marks. These he found to be visually different and likely to be readily distinguished in visual use, and in aural use also. The goods are usually purchased with a reasonable degree of care. On a global appreciation the Hearing Officer found no likelihood of confusion and the Section 5(2)(b) objection failed accordingly.

This absence of a likelihood of confusion effectively decided the matter under Section 5(4)(a) as the necessary misrepresentation would not occur.

Full decision O/011/05 49Kb