Trade mark decision

BL Number: O/301/06
Decision date: 23 October 2006
Hearing Officer: Mr M Foley
Mark: NEW MAN
Classes: 03, 09, 18, 22, 25, 28
Applicants: Newman
Opponents: New Look Limited
Opposition: Section 5(2)(b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

Comparison of the marks NEW GIRL v NEW MAN.

Summary

The opposition was based on the opponents’ mark NEW GIRL registered, as a CTM, in Classes 3, 14, 18 and 25. A detailed examination of the respective goods had persuaded the Hearing Officer that some were identical, some similar and some not similar at all. However, his comparison of the marks and the ‘surrounding circumstances’ had persuaded him that these was no likelihood of confusion.

The opposition under Section 5(2)(b) failed accordingly.

Full decision O/301/06 220Kb