Trade mark decision

BL Number

O/005/04

Decision date

7 January 2004

Hearing Officer

Mr M Reynolds

Mark

LORNA MORGAN

Classes

09, 16, 25, 35, 41, 42

Applicant

Oska's Ltd

Opponent

Morgan

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

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

Section 5(4)(a) - Opposition failed.

Points Of Interest

• 1. Comparison of the marks MORGAN v LORNA MORGAN.
• 2. Surnames v full names; "full names are of particular importance as identifiers".

Summary

The opposition was based on registrations of the mark MORGAN in Class 25, and was directed solely at the Class 25 element in the application.

The Hearing Officer dealt first with the Section 5(2)(b) matter. The goods in Class 25 were identical, he found. The opponents’ mark, a common surname, had a low claim to distinctiveness, but use had improved their position.

Having compared the marks, however, he eventually concluded that there was no actual likelihood of confusion. It seemed to him that full names were of particular importance as identifiers.

This effectively decided the matter under Section 5(4)(a) also, as the absence of a likelihood of confusion meant that there would be no misrepresentation.

Full decision O/005/04 41Kb