Trade mark decision
- BL Number
- O/291/03
- Decision date
- 19 September 2003
- Hearing Officer
- Mr G Attfield
- Mark
- BARTON
- Classes
- 34
- Registered Proprietor
- HLH LLC
- Applicants for a Declaration of Invalidity
- Joh. Wilh. Von Eicken GmbH
- Application for Invalidation
- Section 47(2)(a) (Section 5(2)(b))
Result
Application for invalidation, Section 47(2) citing Section 5(2)(b) successful.
Points Of Interest
- 1. Comparison of the marks BURTON v BARTON
Summary
The application cited an international registration in Class 34 of the mark BURTON. The action was uncontested, but a case under Section 5(2)(b) was required in view of the presumption of validity, Section 72.
The matter came down to a comparison of the marks and in the result the Hearing Officer found a likelihood of confusion. The application for invalidation succeeded accordingly.
Full decision O/291/03 
22Kb
