Trade mark decision
- BL Number
- O/096/07
- Decision date
- 4 April 2007
- Hearing Officer
- Mr D Landau
- Mark
- CAMPUS
- Classes
- 06, 11, 20
- Applicant
- Marshalls Mono Limited
- Opponent
- Lammhults Möbel AB
- Opposition
- Sections 5(1) & 5(2)(b)
Result
Sections 5(1) & 5(2)(b): Opposition successful in respect of goods opposed.
Points Of Interest
- 1. The applicant had sought consent from the opponent at examination stage but had been refused.
- 2. A limitation of the goods in Class 20 to “none being for domestic or household use” did not assist the applicant.
Summary
These opposition proceedings relate only to “benches, seats and tables” which the opponent wishes to be removed from the specification of the Class 20 application.
The opponent owns a Community registration for the mark CAMPUS in Class 20 in respect of “furniture including tables and chairs” and it filed evidence to confirm use of its mark in the UK from 1993 onwards in respect of tables and chairs.
Under Section 5(1) the Hearing Officer noted that in respect of tables and chairs identical marks and identical goods were at issue. Thus opposition was successful on this ground in respect of such goods.
As regards the ground under Section 5(2)(b) the Hearing Officer decided that benches and chairs are similar goods. As identical marks are at issue he concluded that the opponent was successful in its opposition in respect of benches.
Full decision O/096/07 
95Kb
