Trade mark decision

BL Number

O/093/05

Decision date

8 April 2005

Hearing Officer

Mrs A Corbett

Mark

Mr and Mrs House

Classes

08, 14, 16, 18, 20, 21, 24, 25, 27

Applicant

Robert G Green

Opponents

Upstarts Ltd & Derek Batey Enterprises Ltd, jointly.

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. Comparison of the marks MR AND MRS v MR & MRS HOUSE & device : some similarity but significant differences.

Summary

The opposition was based on the marks MR. AND MRS. (in various formats) registered in respect of a television programme of the same name, and various goods (including a board game), off-shoots related to the programme.

The Sections 5(3) and 5(4)(a) grounds were quickly dismissed as the evidence of use provided was insufficient for the purpose.

Turning to the opposition based on Section 5(2)(b) the Hearing Officer found some of the goods to be identical. Having compared the marks, however, the Hearing Officer found that whilst there was some similarity in them, in that both contained the words MR AND MRS, there were significant differences. In the result she found no likelihood of confusion and the opposition consequently failed on all grounds.

Full decision O/093/05 192Kb