Trade mark decision

BL Number

O/124/04

Decision date

5 May 2004

Appointed Person

Mr David Kitchin QC

Mark

FOUR EYEZ

Classes

05, 09

Applicants/Respondents

Fashion Wear Services Limited

Opponents/Appellants

For Eyes Optical Company

Appeal against the decision of the Registrar’s Hearing Officer in opposition proceedings

Result

Appeal against the findings of the Hearing Officer, Section 5(2)(b), dismissed.

Points Of Interest

• 1. Comparison of the marks : FOR EYES v FOUR EYEZ.

Summary

At first instance (see BL O/317/03) the Hearing Officer had found the opponents unsuccessful under the only ground on which their opposition had been brought, Section 5(2)(b). The opponents appealed to the Appointed Person claiming:- (i) the Hearing Officer had failed to consider the matter from the perspective of the average consumer, (ii) he had sought to dissect the marks and failed to consider them as wholes; (iii) he had given undue prominence to the visual aspects of the marks and failed to take account of the aural and conceptual similarities.

The Appointed Person considered that these were not criticisms of the Hearing Officer approach but rather of the conclusion he had come to. It could not be said that there had been an error of principle, neither was the conclusion plainly wrong. The appeal was dismissed.

Full decision O/124/04 23Kb