Trade mark decision

BL Number
O/124/98
Decision date
9 June 1998
Hearing Officer
Mr M Reynolds
Mark
ELIZABETH EMANUEL
Classes
14
Applicants
Elizabeth Florence Emanuel (now Oakridge Trading Ltd)
Opponents
Escada AG
Opposition
Section 5(2)(b)The opponents statement of grounds had contained the statement "the opponent further relies on such other provisions of the Trade Marks Act 1994 as may be applicable to justify refusal (of the application)". The Hearing Officer declined to consider such a "catch-all" ground.

Result

Section 5(2)(b) - opposition successful.

Points Of Interest

  • The comparison of the marks.

Summary

The opponents cited their mark (letters E, back to back), registered in respect of identical goods. The Hearing Officer concluded that the conceptual link between the marks was strong and he could not be certain that the public would not simply or wrongly assume that there was a connection in trade between goods sold under the marks. The Section 5(2)9b) succeeded accordingly.

Full decision O/124/98 PDF document20Kb