Trade mark decision

BL Number: O/025/04
Decision date: 28 January 2004
Hearing Officer: Dr W J Trott
Mark: STROZONE
Classes: 06, 17, 19
Applicant: Kingspan Group Plc
Opponent: Baum Jutzi Und Partner Inc
Opposition: Section 5(2)(b)* (*Grounds of opposition under Sections 3(6), 5(3), 5(4) & 56 were dropped by the opponent on written request of the Registrar).

Result

Section 5(2)(b) - Opposition partially successful

Points Of Interest

1. Comparison of the goods in Classes 6, 17 & 19.
2. Comparison of the marks STYRO STONE v STYROZONE.

Summary

The opposition was based on a registration of the mark STYROSTONE in classes 17 and 19.

The Hearing Officer first compared the respective goods and found some of them to be similar and others not.

After comparing the marks and other aspects the Hearing Officer found a likelihood of confusion in respect of some of the goods but found that this likelihood did not extend to others. The opposition was therefore partially successful. This ‘score draw’ resulted in no order as to costs.

Full decision O/025/04 51Kb