Trade mark decision

BL Number: O/037/04
Decision date: 6 February 2004
Hearing Officer: Mr J MacGillivray
Mark: BEAN
Classes: 25
Applicant: Intraport Plc
Opponent: L L Bean Inc
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

1. Comparison of the marks L.L. BEAN v BEAN.

Summary

The opposition was based on two Community Trade Mark registrations and two UK registrations of the mark L.L. BEAN in Classes 18, 20, 25 and 28.

The Hearing Officer noted that identical goods were involved ("a point sensibly conceded by the applicants") and proceeded to a comparison of the marks. After noting the differences and similarities in the marks and having made a global appreciation the Hearing Officer concluded that the goods being identical and the respective marks being similar conceptually, visually and aurally "in that the common element (BEAN) would suffice to lead the public to believe that the goods emanated from the same undertaking", there existed a likelihood of confusion.

The opposition succeeded accordingly.

Full decision O/037/04 59Kb