Trade mark decision

BL Number: O/094/99
Decision date: 24 March 1999
Hearing Officer: Mr G Salthouse
Mark: FBI/Fbi
Classes: 25
Applicant: Finest Brands International Limited
Opponent: Reynolds-Hepburn Limited
Opposition: Sections 1(1); 3(1)(a); 3(3); 3(6); 5(2)(b) & 5(4)(a)

Result

Section 1(1) - Opposition failed

Section 3(1)(a) - Opposition failed

Section 3(3) - Opposition dismissed

Section 3(6) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

None

Summary

The opposition was based on the opponents’ mark, registered March FBI in Class 28. The Hearing Officer found no valid objection to the mark under Sections 1(1) and 3(1)(a); the Section 3(3) objection was misconceived and there was no evidence filed in support of the Section 3(6) objection. All these grounds were dismissed. Under Section 5(2), owing to the dissimilarity of the goods he found no likelihood of confusion notwithstanding the fact that the marks were identical. Under Section 5(4)(a) he found that the opponents had not made out their case under passing-off.

Full decision O/094/99 38Kb