Trade mark decision

BL Number
O/102/03
Decision date
7 April 2003
Hearing Officer
Mr D Landau
Mark
GINAARTI
Classes
25
Applicants
Avenue Fashionwear Ltd
Opponents
Gina Shoes Limited
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

  • 1. None

Summary

The opponents opposition was based on their ownership of a registration for the mark GINA in Class 25 in respect of "Articles of clothing, footwear, headgear". They had also used their mark in respect of luxury footwear and had a reputation in their mark in relation to such goods.

Under Section 5(2)(b) the Hearing Officer noted that the respective specifications covered identical and similar goods and went on to compare the respective marks GINA and GINAARTE. The opponents argued that GINA would be identified by the public as an element in the applicants mark but the Hearing Officer did not readily accept this claim as he thought it more likely that it would be seen as a whole word (or perhaps a Dutch name) and pronounced as GIN – AARTE. Thus the marks were different phonetically and also visually and there was little if any conceptual similarity. Even taking the reputation of the opponents mark into account the Hearing Officer was of the view that the respective marks were not similar and that there was no likelihood of confusion. Opposition failed on the Section 5(2)(b) ground.

In view of his finding that the respective marks were not similar the Hearing Officer concluded that the opponents were in no better position under Section 5(4)(a) – Passing Off, as compared to Section 5(2)(b). He thus found that the opponents also failed on that ground.

Full decision O/102/03 PDF document36Kb