Trade mark decision

BL Number

O/027/04

Decision date

30 January 2004

Hearing Officer

Mr M Reynolds

Mark

MALTIN POLAR

Classes

32

Applicant

Cerveceria Polar, Compania Anonima

Opponent

Berentzen Brennereien GmbH & Co Kg

Opposition

Section 5(2)(a) or 5(2)(b)

Result

Section 5(2)(b) - Opposition for the most part successful

Points Of Interest

• 1. Identicality of marks.
• 2. Comparison of the marks. MALTIN POLAR v POLAR.
• 3. Comparison of the goods Class 32 v Class 33.

Summary

The opposition was based on the mark POLAR registered in Classes 33 and 42.

The Hearing Officer quickly selected Section 5(2)(b) as the proper ground of opposition, since the marks were not identical.

Comparing the marks under Section 5(2)(b) the Hearing Officer found them distinctively similar in a key respect.

He therefore went on to compare the goods/services.

In the result he found that the goods applied for were for the most part either similar or closely similar to the opponents’ "broad ranging specification". Overall he found a likelihood of confusion except in respect of a narrow residue of the applicants’ specification. The opposition succeeded in respect of the remainder.

Full decision O/027/04 57Kb