Trade mark decision

BL Number

O/185/98

Decision date

21 September 1998

Hearing Officer

Mr M Reynolds

Mark

LEATHERWOOD

Classes

03

Applicants

Concept Marketing Pty Ltd

Opponents

Cussons (International) Ltd & Cussons (UK) Ltd

Opposition

Section 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - opposition successful

Section 5(4)(a) - no formal finding

Points Of Interest

• None.

Summary

The opposition was based on the opponents' registration and use of their marks IMPERIAL LEATHER and LEATHER solus. The Hearing Officer found the goods to be similar and the marks also. He considered that a likelihood of confusion existed, and the Section 5(2)(b) succeeded accordingly. He made no formal finding under Section 5(4)(a) but he remarked that the opponents would not be likely to succeed under that head.

Full decision O/185/98 83Kb