Trade mark decision

BL Number
O/073/00
Decision date
28 February 2000
Hearing Officer
Mr M Foley
Mark
DEVICE
Classes
34
Applicant
N V Sumatra Tobacco Limited
Opponent
Imperial Tobacco
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

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

Section 5(4)(a) - Opposition failed.

Points Of Interest

  • Under Section 5(4)(a) the Hearing Officer noted the additional elements incorporated in the opponents' mark, in use, and concluded that their reputation consequently did not reside in the 'get-up' alone.

Summary

It was self-evident that the goods in issue were the same. The matter under Section 5(2)(b) therefore came down to a comparison of marks. The Hearing Officer concluded that if there was any similarity "it must rest in the bands and lines as they are the only elements common to both trade marks". In the event the Hearing Officer found no likelihood of confusion, and the ground under Section 5(2)(b) failed accordingly. Under section 5(4)(a) the opposition also failed.

Full decision O/073/00 PDF document46Kb