Trade mark decision

BL Number: O/120/99
Decision date: 26 April 1999
Hearing Officer: Dr W J Trott
Mark: W GOLDLINE
Classes: 19
Applicant: Whiteline Windows Limited
Opponent: Brügmann Frisoplast GmbH
Opposition: Sections 3(6); 5(2)(b); 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition successful

Points Of Interest

1. A successful opposition under Section 5(4)(a).

Summary

The opposition was based on the opponents’ own mark which included the words ‘GOLDEN LINE’ (in script). Under Section 5(2) the Hearing Officer concluded that the ‘strong device’ elements made confusion, including association, unlikely. Under Section 5(4)(a), however, the Hearing Officer concluded that there would be confusion leading to damage to the opponents’ goodwill. There was nothing to justify an objection under Section 3(6), however.

Full decision O/120/99 35Kb