Trade mark decision

BL Number
O/025/01
Decision date
16 January 2001
Hearing Officer
Mr M Reynolds
Mark
SQUABBLE
Classes
28
Applicant
David Austen
Opponent
W Spear & Sons Plc
Opposition
Sections 3(1); 3(6); 5(2)(b) 5(3) and 5(4)(a)

Result

Section 3 - Opposition dismissed.

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

Section 5(3) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

  • None

Summary

The opposition was founded in the opponents' registrations and use of the mark SCRABBLE. The opponents' case under Section 3 was insufficiently particularised and dismissed at the outset. Under Section 5(2)(b) the Hearing Officer found that the opponents had not made out their case of a likelihood of confusion. This effectively decided the matter under Section 5(3); and the case under Section 5(4)(a) had not been made out.

Full decision O/025/01 PDF document34Kb