Trade mark decision

BL Number
Decision date
24 April 2006
Hearing Officer
Mr M Reynolds
09, 16, 35, 42
Ordnance Survey
Sociète Hôtels Meridien
Sections 3(6) & 5(2)(b)


Section 3(6): Opposition failed. Section 5(2)(b): Opposition largely successful

Points Of Interest

  • Bad faith; prior proceedings before OHIM,; conversion of CTM applications to national applications.


The opposition was based on the opponents’ marks LE MERIDIEN (stylised), registered as a CTM in a number of classes, which the Hearing Officer found to have ‘a high level of similarity’ with the mark applied for. The Hearing Officer also found similarity in the goods/services in the case of Classes 9, 16 and 35 but not in the case of Class 42. Overall, he found a likelihood of confusion in the case of those classes and the opposition under Section 5(2)(b) succeeded for the most part.

The Section 3(6) ground was founded on the allegation that the present application was an attempt to circumvent the effects of a successful opposition before OHIM involving the same parties.

The Hearing Officer found a number of indications that that was not the case, and he dismissed the Section 3(6) objection.

Full decision O/109/06 PDF document47Kb