Trade mark decision

BL Number
O/071/05
Decision date
17 March 2005
Hearing Officer
Mr J MacGillivray
Mark
NO SH!T.....JUST SHOES SCORPIO
Classes
25
Applicant
Durham Footwear Distributors Limited
Opponent
Amberes S.A.
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

  • 1. Comparison of the marks ESCORPION v SCORPIO, NO SH!T JUST SHOES & device

Summary

The opposition was based on two Community Trade Mark registrations in Classes 22, 24 and 25 of the marks ESCORPION and ES de ESCORPION.

Whilst these marks did not enjoy a significant reputation in the UK they were inherently highly distinctive in relation to the goods and were deserving of a wide penumbra of protection, said the Hearing Officer, and it was obvious that the respective specifications included identical and closely similar goods.

The Hearing Officer went on to make a detailed comparison of the marks, following which, and on a global appreciation, he found no likelihood of confusion.

The opposition failed accordingly.

Full decision O/071/05 PDF document51Kb