Trade mark decision

BL Number
O/057/98
Decision date
23 March 1998
Hearing Officer
Mr M Reynolds
Mark
AIR FORCE
Classes
09
Applicant
De Menego Srl
Opponent
Fred
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

  • None.

Summary

The opponents opposition was based on their ownership of a registration for the mark FORCE 10 in Class 9, for the same goods as those of the applicant, and modest user of that mark for about a year before the applicant's applied for their mark. Under Section 5(2)(b) the Hearing Officer had little difficulty in deciding that the respective marks AIR FORCE and FORCE 10 were different visually, aurally and conceptually and that there was little likelihood of confusion even though the parties traded in the same goods.

Under Section 5(4)(a) - Passing Off - the Hearing Officer noted the modest use and was not convinced that the opponents had a significant reputation in their mark. As he considered the marks not to be similar he found that the opponents also failed on this ground.

Full decision O/057/98 PDF document23Kb