Trade mark decision

BL Number

O/118/06

Decision date

28 April 2006

Hearing Officer

Mr G Salthouse

Mark

The FA and three Lions Crest device

Classes

03, 05, 21

Applicant

The Football Association Limited

Opponent

Henkel KGAA

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• The opponent appealed to the Appointed Person. In his decision dated 10 November 2006 (BL O/333/06) the Appointed Person upheld the Hearing Officer's decision and dismissed the appeal.

Summary

The opponent based its opposition on its registration of the mark Fa in Classes 3, 5 and 21 which cover identical and similar goods to those covered by the mark in suit in its Classes 3, 5 and 21.

The opponent filed details of use of its mark but the evidence indicated use in Germany, Benelux and Spain. There was no evidence of use of its mark in the UK.

Under Section 5(2)(b) the Hearing Officer accepted that identical and similar goods were at issue and went on to compare the respective marks. The Hearing Officer decided that the applicant’s shield device had a strong visual impact and that overall the respective marks were visually and phonetically quite different and that there was no likelihood of the public being confused. Opposition thus failed.

Full decision O/118/06 56Kb