Trade mark decision

BL Number

O/068/04

Decision date

16 March 2004

Hearing Officer

Mr D Landau

Mark

K KING ORDINARY PORTLAND CEMENT

Classes

19

Applicant

Cement Britannia Ltd

Opponent

B&Q Plc

Opposition

Sections 5(1) & 5(2)(b)

Result

Section 5(1) - Opposition failed.

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

Points Of Interest

• 1. none

Summary

The opponents' opposition was based on their ownership of a registration for the mark KING in Class 19 in respect of identical goods to those, included in the application.

Under Section 5(1) the Hearing Officer had no difficulty in deciding that the respective marks were not identical and waived that ground of opposition.

Under Section 5(2)(b) it was accepted that identical goods were at issue so the only matter for consideration was a comparison of the opponents’ mark KING with the applicants’ mark K KING and device. In considering the applicants’ mark the Hearing Officer decided that it had two dominant elements, the letter K and the word KING. As one of these dominant elements, the word KING, was identical to the opponents’ mark, the Hearing Officer concluded that the respective marks were very similar. Opposition thus succeeded on this ground.

Full decision O/068/04 40Kb