Trade mark decision

BL Number
O/037/05
Decision date
8 February 2005
Hearing Officer
Mr J MacGillivray
Mark
power bat
Classes
32
Applicant
Elvis Mustafov
Opponent
Bacardi & Company Limited
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful

Section 5(3) - No finding

Section 5(4)(a) - No finding

Points Of Interest

  • 1. Comparison of the marks, device of a bat v word and device mark incorporating a bat.

Summary

The opposition was based on a large number of registered marks consisting of or incorporating a device of a bat. For the purposes of his assessment the Hearing Officer selected two 'BAT device solus' registrations, one UK and one Community Trade Mark, as representing the opponent's best case. These were registered in respect of non-alcoholic beverages, ie identical goods. The opponent’s mark was inherently distinctive. There was similarity between the marks. On a global appreciation there was a likelihood of confusion and the Section 5(2)(b) objections succeeded accordingly.

The Hearing Officer did not go on to consider the matter under Sections 5(3) and 5(4)(a).

Full decision O/037/05 PDF document96Kb