Trade mark decision
- BL Number
- O/093/01
- Decision date
- 22 February 2001
- Hearing Officer
- Mr J MacGillivray
- Mark
- PIN
- Classes
- 25
- Applicant
- Gary Frank Dorrington & Phillip Antony Curran
- Opponent
- Karsten Manufacturing Corporation
- Opposition
- Sections 5(2)(b), 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Simply being reminded of another trade mark with a reputation for dissimilar goods does not necessarily amount to taking an unfair advantage of that mark.
Summary
The opposition was based on the opponents’ PING marks and variations thereof. Inter alia, they contended that the device positioned between the letters P&N formed the word PIN. The Hearing Officer, however, found no likelihood of confusion; this effectively decided the matter under Sections 5(2)(b) and 5(4)(a). Under Section 5(3) he did not consider that simply being reminded of another trade mark with a reputation for dissimilar goods necessarily amounts to taking unfair advantage of the repute of that mark.
Full decision O/093/01 
33Kb
