Trade mark decision

BL Number

O/070/02

Decision date

13 February 2002

Hearing Officer

Mr D Landau

Mark

HUG

Classes

25

Applicant

Nicholas Pecorelli

Opponent

Hugo Boss AG

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of a number of registrations for the marks HUGO and HUGO BOSS in respect of the same and similar goods. They also provided evidence of use of these marks in support of their opposition.

Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue. He also determined that the opponents best case rested on a registration for the mark HUGO and went on to compare this mark with the mark applied for. The Hearing Officer considered that the mark applied for would be seen as the word HUG in stylised form and that it was therefore different conceptually from the opponents mark HUGO which is well known as a forename. He also considered that the respective marks were aurally and visually different and concluded that there was no likelihood of confusion between the two marks. The opposition thus failed.

In passing the Hearing Officer noted the claimed reputation for the mark HUGO and the statements made in evidence as to the similarity of the respective marks. However, he felt that such claims could have no effect in the present case where the marks at issue are so dissimilar.

Full decision O/070/02 112Kb