Trade mark decision

BL Number
O/117/05
Decision date
26 April 2005
Hearing Officer
Mr J MacGillivray
Mark
E ENERGY ZONE
Classes
25
Applicant
Xiaoqian Yu
Opponent
International Stars SA
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

  • 1. 'State of the register' evidence.
  • 2. Comparison of the marks ENERGY v ENERGY ZONE & ENERGY TOPDECKS v ENERGY ZONE
  • 3. Sub-brands: descriptive v distinctive (see NEW LOOK Ltd v OHIM)

Summary

The opposition was based on various registrations of marks containing or comprising the word ENERGY, or a stylised letter E, in Class 25. It was agreed, however, that the Hearing Officer’s assessment would be confined to the marks ENERGY and ENERGY TOPDECKS, in Class 25.

The goods were clearly identical or closely similar; the Hearing Officer therefore proceeded to a comparison of the marks.

In the result he concluded that there was a likelihood of confusion and the Section 5(2)(b) opposition succeeded accordingly.

Full decision O/117/05 PDF document149Kb