Trade mark decision

BL Number
O/049/98
Decision date
25 February 1998
Hearing Officer
Mr N Harkness
Mark
BENELLI
Classes
25
Applicant
F J Benjamin Holdings Pte Ltd
Opponent
Deutsche Herrenwasche-Fabriken Dornbusch & Co GMBH
Revocation
Sections 5(2) & 5(4)(a) Section 3(6)

Result

Section 5(2) - Opposition unsuccessful

Section 5(4)(a) - Not considered in view of decision under 5(2)(b)

Section 3(6) - Ground withdrawn at hearing.

Points Of Interest

  • None

Summary

The opponents opposition was based on the ownership and use of their registered mark BENETTI in respect of "articles of clothing included in Class 25; but not including boots, shoes and slippers". At the hearing a late request was made to restrict the application to one for "Boots, shoes and slippers" if it was decided that the respective marks were confusingly similar and the goods were the same or similar.

Under Section 5(2) the Hearing Officer concluded that while the marks BENELLI and BENETTI could be distinguished orally they were very close visually, especially if both were used in lower case. Bearing in mind the goods at issue and taking account of imperfect recollection the Hearing Officer decided that the opposition succeeded against the application as filed. If, however, the specification of the applicants mark was restricted as proposed, then as the respective goods would not be similar, the applicants mark could proceed for a restricted specification.

Full decision O/049/98 PDF document23Kb