Trade mark decision

BL Number

O/405/03

Decision date

22 December 2003

Hearing Officer

Mr M Foley

Mark

SITENETDESK

Classes

09

Applicant

Sitehelpdesk.com Limited

Opponent

Netdesk Corporation

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. 'State of the register' evidence.
• 2. Comparison of the marks NETDESK v SITENETDESK

Summary

The opposition was based on the community trade mark registration 'NETDESK'.

The applicants drew attention to a registration of the mark NETDESK in the ownership of a third party and pre-dating the opponents' registration. They submitted that the opponents’ mark was therefore not validly registered.

The Hearing Officer, however, noted that Article 95(1) of the Council Regulation (EC) No 40/94 of 20 December 1993 required him to treat a community trade mark as validly registered unless attacked by a claim for revocation or a declaration of invalidity. In any case, the applicants' point was no more than ‘state of the register’ evidence.

Having disposed of that aspect the Hearing Officer went on to find a likelihood of confusion and the opposition succeeded accordingly.

Full decision O/405/03 25Kb