Trade mark decision

BL Number
Decision date
16 January 2003
Hearing Officer
Dr W J Trott
07, 16, 17
Registered Proprietors
Easypack Limited
Applicants for Declaration of Invalidity
Easyjet Airline Company Limited
Application for Invalidity
Section 47(2); Sections 5(2)(b), 5(3) & 5(4)(a)


Section 5(2)(b) - Application for invalidation partially successful

Section 5(3) - Application for invalidation failed

Section 5(4)(a) - Application for invalidation failed

Points Of Interest

  • 1. Comparison of the marks EASYJET v EASYAIR.
  • 2. Comparison of the goods/services.


The applicants for invalidation were proprietors of a number of 'EASY' marks, registered in various classes. Their principle activity was as a 'budget' airline, under the mark EASYJET. Under Section 5(2)(b) the Hearing Officer found a likelihood of confusion in respect of the Class 16 goods, and the application succeeded to that limited extent.

Under Section 5(3) the Hearing Officer could not find that the nature of the applicants reputation, in airline services, would enable the registered proprietors to take advantage of it in their sales of industrial packaging materials, or cause it detriment. That ground therefore failed.

The application failed under Section 5(4)(a) also.

Full decision O/015/03 PDF document108Kb