Trade mark decision

BL Number: O/070/99
Decision date: 3 March 1999
Hearing Officer: Mr G Salthouse
Mark: WALLY WHALE AND DEVICE
Classes: 29, 30
Applicant: Brake Bros PLC
Opponent: S.A. Blue Whale
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

None

Summary

The opponents based their opposition on their own registration of a whale device in Class 31. The Hearing Officer however considered that the marks were not similar, and would not therefore create a likelihood of confusion even had the goods been identical (which they were not).

Full decision O/070/99 29Kb