Trade mark decision

BL Number
O/023/99
Decision date
22 January 1999
Hearing Officer
Mr M Reynolds
Mark
7 HEAVEN
Classes
32
Applicant
Sea Air & Land Forwarding Ltd
Opponents
The Southland Corporation
Opposition
Sections 5(2)(b), 5(3), 5(4); also 3(1)(a), 3(1)(b), 3(3)(b) and 3(6)

Result

Opposition failed on all counts: case under Section 5 not made; issues under Section 3 (absolute grounds) not addressed.

Opposition failed on all counts: case under Section 5 not made; issues under Section 3 (absolute grounds) not addressed.

Points Of Interest

  • (i) None

Summary

SAL applied to register mark 7 HEAVEN in respect of fruit juices. SC’s opposition based on registrations (various) and use of mark 7 ELEVEN. Held: no likelihood of confusion; case under passing-off not made; case under Section 3 not addressed.

Full decision O/023/99 PDF document29Kb