Trade mark decision

BL Number
O/069/00
Decision date
24 February 2000
Hearing Officer
Mr M Reynolds
Mark
ACTIVE SPORT
Classes
25
Applicants
Bains & Sons Huff & Puff Clothing Co
Opponents
Umbro Europe Ltd
Opposition
Sections 3(3)(b); 3(4); 3(6); 5(2) & 5(4)(a)

Result

Section 3 - All grounds dismissed

Section 5(2) - Opposition failed

Section 5(4) - Opposition failed

Points Of Interest

  • 1. The Hearing Officer confined his considerations to the mark as applied for, and not some "potentially bridging mark" shown by the evidence to be in use by the applicants.

Summary

The opposition was based on the similarity of the device element of the mark (essentially a diamond shape). The Hearing Officer considered that all the absolute grounds under Section 3 were misconceived or insufficiently particularised, and he dismissed them all. Under Section 5(2)(b) the Hearing Officer concluded that there was no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer’s view was that use of the applicants’ mark would not involve misrepresentation or damage.

Full decision O/069/00 PDF document80Kb