Trade mark decision

BL Number

O/061/03

Decision date

28 February 2003

Hearing Officer

Mr D Landau

Mark

PARITY

Classes

42

Applicant

Parity Internet Limited

Opponent

Parity Group Plc

Opposition

Section 5(4)(a)

Result

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

Points Of Interest

• 1. 'Sabel' ([1998] RPC 199) is about likelihood of confusion and about Community Law. It is not about the law of passing-off”.
• 2. Survey evidence.

Summary

The opposition was based on the opponents’ use of and reputation in the mark PARITY. Having reviewed the evidence and submissions the Hearing Officer found the opposition successful under Section 5(4)(a).

Full decision O/061/03 74Kb