Trade mark decision

BL Number

O/008/02

Decision date

11 January 2002

Hearing Officer

Mr M Knight

Mark

RATE WATCH %

Classes

36

Applicants

Royal Bank of Scotland Group Plc

Opponent

Terence Cole

Opposition

Sections3(1)(c)*; 3(6)*; 5(2)(b); 5(3)* & 5(4)(a)*

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• Marks not similar, by reason of the addition of words to a mark held in other proceedings to be similar to the opponent’s mark.

Summary

*The same grounds were pleaded in related proceedings and the reasons for their dismissal in these proceedings are set out in the Hearing Officer’s decision BL O/009/02 q.v. This left the ground under Section 5(2)(b) as the only remaining objection. Assessing the services covered by the respective marks the Hearing Officer found the services in class 36 to be similar. The marks at issue each comprised a ‘face’ device based on the arithmetical symbol indicating percent, with (in the case of the applicants mark) the words RATE WATCH added. Comparing these marks, however, he found that the applicants’ inclusion of the words RATE WATCH in their mark made the respective marks not similar. The opposition under Section 5(2)(b) therefore failed.

Full decision O/008/02 62Kb