Trade mark decision

BL Number: O/071/00
Decision date: 25 February 2000
Hearing Officer: Mr M Foley
Mark: EUROGUARD
Classes: 06
Applicants: Guardian Security Group Limited
Opponents: Group 4 Total Security Limited
Opposition: Sections 3(6); 5(2) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(2) - Opposition successful

Section 5(4)(a) - Opposition successful

Points Of Interest

1. Successful opposition under Section 5(4)(a).
2. Award of costs in respect of preliminary hearing.

Summary

The opponents were proprietors of a registration of the mark EUROGUARD in Class 42, in respect of various detective and surveillance services. The question to be resolved therefore was whether these were similar to the safes, cash boxes etc specified in the application. The Hearing Officer concluded that there was a likelihood of confusion and the opposition under Section 5(2) succeeded accordingly. The Section 5(3) ground was dismissed. The opposition under Section 5(4)(a) succeeded but no case of bad faith, Section 3(6), was established.

Full decision O/071/00 37Kb