Trade mark decision

BL Number
O/071/00
Decision date
25 February 2000
Hearing Officer
Mr M Foley
Mark
EUROGUARD
Classes
06
Applicants
Guardian Security Group Limited
Opponents
Group 4 Total Security Limited
Opposition
Sections 3(6); 5(2) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(2) - Opposition successful

Section 5(4)(a) - Opposition successful

Points Of Interest

  • 1. Successful opposition under Section 5(4)(a).
  • 2. Award of costs in respect of preliminary hearing.

Summary

The opponents were proprietors of a registration of the mark EUROGUARD in Class 42, in respect of various detective and surveillance services. The question to be resolved therefore was whether these were similar to the safes, cash boxes etc specified in the application. The Hearing Officer concluded that there was a likelihood of confusion and the opposition under Section 5(2) succeeded accordingly. The Section 5(3) ground was dismissed. The opposition under Section 5(4)(a) succeeded but no case of bad faith, Section 3(6), was established.

Full decision O/071/00 PDF document37Kb