Trade mark decision

BL Number

O/101/07

Decision date

5 April 2007

Hearing Officer

Mr M Foley

Mark

MARVIN

Classes

03, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32

Applicants

Hip Designs Limited

Opponents

J C AB

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful in respect of Classes 18, 25 & 28.

Points Of Interest

• Comparison of the marks MARWIN v MARVIN

Summary

The opposition was based on the opponents’ CTM MARWIN, registered in Classes 18, 25 and 28. The Hearing Officer found the respective marks to be similar in appearance and sound, if not in idea. Overall, however he found them similar, (and he was not persuaded by any of the various submissions made concerning a possible ‘German’ pronunciation).

Going on to a comparison of the respective specifications he found a likelihood of confusion in Classes 18, 25 and 28 and the opposition succeeded in respect of those goods.

Full decision O/101/07 73Kb