Trade mark decision

BL Number: O/069/99
Decision date: 3 March 1999
Hearing Officer: Mr G Salthouse
Mark: HELIOS
Classes: 34
Applicant: Cita Tabacos De Canaris SA
Opponent: Reemtsma Cigarettenfabriken GmbH
Opposition: Sections 5(1) & 5(2)

Result

Section 5(1) - Opposition successful

Section 5(2)(b) - Opposition successful

Points Of Interest

None

Summary

The opponents based their opposition on their registration of the mark HELIOS in Class 34. [The applicants had formerly owned a registration of HELIOS CAPOTE and device - but this had been revoked prior to the registration of the opponents’ mark]. The Hearing Officer found the marks to be identical and the goods identical (in some cases) and similar (in the remainder).

Full decision O/069/99 14Kb