Trade mark decision

BL Number

O/315/02

Decision date

2 August 2002

Hearing Officer

Mr M Knight

Mark

TY-BO

Classes

41

Applicants

Mr R St Clair

Opponents

NCP Marketing Group Inc

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition successful.

Points Of Interest

• 1. Honest concurrent use.

Summary

The opposition was based on the opponents= registrations of TAE-Bo in Classes 9, 18, 25 and 41, in both the UK and the EU.

The Hearing Officer first considered the similarity of the goods/services. The services, he decided were the same, and some of the opponents= goods were similar to the applicant=s services. He went on to compare the marks. He found them similar, such as to give rise to a likelihood of confusion. Although he was not required to do so he considered the applicant=s evidence which might have supported a claim to honest concurrent use. Even considering it as a relevant factor, it did not displace his finding of a likelihood of confusion, he decided.

Full decision O/315/02 28Kb