Trade mark decision

BL Number
O/067/99
Decision date
3 March 1999
Hearing Officer
Mr G Salthouse
Mark
FARTY PANTS
Classes
05
Applicant
Fartypants Limited
Opponent
John Brown Publishing Limited
Opposition
Sections 5(4)(a); 5(4)(b)

Result

Section 5(4)(a) - Opposition failed

Section 5(4)(a) - Opposition failed

Section 5(4)(b) - Opposition failed

Section 5(4)(b) - Opposition failed

Points Of Interest

  • Comparison of marks.

Summary

The opposition was based on the opponents’ cartoon character "Johnny Fartpants", who appears in their comic magazine VIZ. The Hearing Officer found that the marks were not similar enough as to give rise to confusion on the part of the public. Neither did he find that the mark represented an infringement of the opponents copyright (if any) in the character "Johnny Fartpants".

Full decision O/067/99 PDF document47Kb