Trade mark decision

BL Number

O/019/04

Decision date

23 January 2004

Hearing Officer

Mr D Landau

Mark

BATTERSEA POWER STATION

Classes

35, 39, 41, 42

Applicant

Parkview International London Plc

Opponent

Power Station limited

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 POWER STATION CAFE v BATTERSEA POWER STATION.

Summary

The opposition, which was directed at the Class 42 services alone, was based on a registration of POWER STATION CAFE in Class 42.

The Hearing Officer found the services to be the same or similar. Because of the "conceptual association" of the mark applied for, however, the Hearing Officer did not consider that "the respective trade marks (were) distinctively similar". The opposition under Section 5(2)(b) failed accordingly.

This effectively decided the matter under Section 5(4)(a), but even had it not, the evidence of reputation could not have supported a case under that Section, in the view of the Hearing Officer.

Full decision O/019/04 53Kb