Trade mark decision
- BL Number
- O/124/98
- Decision date
- 9 June 1998
- Hearing Officer
- Mr M Reynolds
- Mark
- ELIZABETH EMANUEL
- Classes
- 14
- Applicants
- Elizabeth Florence Emanuel (now Oakridge Trading Ltd)
- Opponents
- Escada AG
- Opposition
- Section 5(2)(b)The opponents statement of grounds had contained the statement "the opponent further relies on such other provisions of the Trade Marks Act 1994 as may be applicable to justify refusal (of the application)". The Hearing Officer declined to consider such a "catch-all" ground.
Result
Section 5(2)(b) - opposition successful.
Points Of Interest
- The comparison of the marks.
Summary
The opponents cited their mark (letters E, back to back), registered in respect of identical goods. The Hearing Officer concluded that the conceptual link between the marks was strong and he could not be certain that the public would not simply or wrongly assume that there was a connection in trade between goods sold under the marks. The Section 5(2)9b) succeeded accordingly.
Full decision O/124/98 
20Kb
