Trade mark decision

BL Number

O/347/02

Decision date

20 August 2002

Hearing Officer

Dr W J Trott

Mark

BO - BO's

Classes

24

Registered Proprietor

Zorbit Babycare Limited

Applicant for Declaration of Invalidity

Personality Quilts Limited

Application for Invalidation

Section 47(2)(a) (Section 5(2)(b))

Result

Application for invalidation, Section 47(2)(a) (citing Section 5(2)(b)) failed.

Points Of Interest

• 1. Comparison of the mark BEEBO(s) v Bo Bo's.
• 2. Survey evidence.

Summary

The applicants for invalidation cited their own registration, BEEBO. The Hearing Officer, after discounting survey evidence as being "of little evidential value", decided that there was little likelihood of confusion, despite the fact that identical goods were involved. The application for invalidation failed accordingly.

Full decision O/347/02 246Kb