Trade mark decision

BL Number

O/036/02

Decision date

24 January 2002

Hearing Officer

Mr G Rose'Meyer

Mark

BENDY

Classes

28

Applicant

Bendy International Limited

Opponent

Newfeld Limited & Anthony Carl Neufeld

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

• None

Summary

When the applicant filed its application for registration of this mark it owned two earlier registrations for the mark BENDY under Nos 751759 and 1085099. As a result of a rectification action against the proprietor of those marks (the current applicant) the ownership of the marks was transferred to Bendy Toys Limited.

Following correspondence between the Registrar and the parties involved here (the applicants not responding) the Registrar decided to determine this opposition under Section 5(2) on the basis of the papers before her.

Under Section 5(2)(b) the Hearing Officer noted that the earlier registrations of the mark BENDY were in respect of identical goods to those of the applicant’s mark. As BENDY is the dominant element in the applicants mark the Hearing Officer found the respective marks to be confusingly similar and thus that the opponent was successful in its opposition.

Full decision O/036/02 21Kb