Trade mark decision

BL Number

O/066/03

Decision date

6 March 2003

Hearing Officer

Mr R A Jones

Mark

TNT

Classes

38

Applicant

Turner Network Television Inc

Opponent

TNT Limited

Opposition

Sections 5(2)(b); 5(3) & 5(4)(a)*(*other grounds were cited, under Section 3 but were not supported or pursued)

Result

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

Section 5(3) - Opposition failed.

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

Points Of Interest

• 1. Section 5(3) : Respective fields of activity.
• 2. Section 5(3) : Detriment/risk of detriment.

Summary

The Hearing Officer found that the marks (TNT v TNT stylised) were not identical but they were visually similar and aurally identical. He went on to compare the services; after a careful analysis however, he concluded that these were not similar and the opposition under Section 5(2)(b) failed.

Under Section 5(3) the Hearing Officer found from the evidence that the opponents had a substantial reputation in the UK in respect of the services covered by their registrations. However having assessed all aspects of the matter he concluded that the applicants’ mark was not detrimental to, or did not take unfair advantage of the distinctive character or repute of the opponents’ mark. That ground therefore failed.

The opponents could be in no better position under Section 5(4)(a). The opposition therefore failed on all grounds.

Full decision O/066/03 40Kb