Trade mark decision

BL Number
Decision date
21 January 2005
Hearing Officer
Mr M Foley
03, 04, 06, 08, 09, 14, 15, 16, 18, 20, 21, 24, 25, 29, 30, 32, 33, 34, 35, 39, 41, 42
Guinness United Distillers & Vintners Limited
Alstom SA
Section 5(2)(b)


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

Points Of Interest

  • 1. None


The opponents owned a Community trade mark consisting of a swirl device and registered in a range of Classes. This opposition related only to the following Classes of the application - 4, 6, 8, 9, 16, 24, 35, 39, 41 & 42.

Under Section 5(2)(b) the Hearing Officer compared the respective specifications and was satisfied that identical and similar goods were at issue in the Classes under consideration.

While the Hearing Officer accepted that the respective swirl device elements of the two marks were very similar he noted that the two marks had to be compared as wholes. In the applicants' mark GUINNESS and STOREHOUSE were very strong elements and comparing the respective marks as wholes the Hearing Officer concluded that there was unlikely to be any confusion of the public, nor was it likely that the public would assume that the respective undertakings were linked in any way. Opposition thus failed under Section 5(2)(b).

Full decision O/022/05 PDF document48Kb