Trade mark decision

BL Number

O/025/98

Decision date

2 February 1998

Hearing Officer

Mr M Reynolds

Mark

CLASSIC & DEVICE

Classes

25

Applicant

Classic Manufacturing (Aust) Pty Ltd

Opponent

Asco Group Limited

Opposition

Sections 3(1)(a), 5(2)(b) & 5(4)(b)

Result

Section 3(1)(a) - Opposition failed

Section 5(2)(b) - Opposition successful

Section 5(4)(a) - Opposition failed

Points Of Interest

• None.

Summary

The opponents opposition was based on registrations in Class 25 of the marks KANGAROOS and the device of a kangaroo with the word KANGAROOS (stylised) in respect of the same and similar goods to those within the applicants application. They had also used these marks for some eight years prior to the relevant date. The applicants had a prior registration of the word CLASSIC within a device of a rugby ball and claimed some modest use of that mark.

The essential ground of opposition was under Section 5(2)(b) and as identical goods were at issue the Hearing Officer went on to compare the respective marks CLASSIC and device of a kangaroo with the device of a kangaroo and the word KANGAROOS (stylised). He determined that in relation to articles of clothing the word CLASSIC had no distinctive character and he did not see that the applicants prior registration assisted them in any way. This meant that he considered the device of a kangaroo to be the dominant and distinctive element in the respective marks and thus the marks as a totality were confusingly similar. The opponents were thus successful on this ground.

The grounds under Sections 5(4)(b) and 3(1)(a) were dealt with only briefly as these grounds had not been addressed in the opponents evidence. These grounds were therefore dismissed.

Full decision O/025/98 40Kb