Trade mark decision

BL Number

O/075/02

Decision date

15 February 2002

Hearing Officer

Mr S P Rowan

Mark

PUPSTER

Classes

03, 06, 09, 16, 18, 20, 21, 24, 25, 26, 28, 31, 32

Applicants

Sarah Spencer Limited

Opponents

Pap Star Vertreibsgesellschaft MbH Co KG

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition partially succesful

Section 5(4)(a) - Opposition failed

Points Of Interest

• Comparison of the marks PUPSTER v PAPSTAR

Summary

The opposition was based on the opponents’ registrations and use of their mark PAPSTAR. The Hearing Officer compared the marks and the goods according to the established authorities and concluded that the marks were similar and their existed a likelihood of confusion in respect of some of the goods. He allowed the application to proceed subject to appropriate amendment of the specification. The opponents had not established their case under Section 5(4)(a), however.

Full decision O/075/02 56Kb