Trade mark decision
- BL Number
- O/128/99
- Decision date
- 5 May 1999
- Hearing Officer
- Mr G Salthouse
- Mark
- SILVERWOOD SPRING WATER & DEVICE
- Classes
- 32
- Applicant
- Classic Mineral Water Company Ltd
- Opponent
- The Silver Spring water Company Ltd
- Opposition
- Section 5(2)(b) and 5(4)(a)
Result
Section 5(2)(b) - opposition failed
Section 5(2)(b) - opposition failed
Section 5(4)(a) - opposition failed
Section 5(4)(a) - opposition failed
Points Of Interest
- 1. An interesting comparison of marks; SILVERWOOD SPRING WATER v SILVER SPRING.
- 2. Family of marks.
Summary
The opposition was based on the opponents' use and registrations of 'SILVER SPRING' and various other SILVER marks. Under Section 5(2)(b) the Hearing Officer found "taking account of all the relevant circumstances and the identical nature of the goods, the similarity of the marks is not sufficient to have created a likelihood of confusion", at the material date. This finding effectively decided the matter under Section 5(4)(a) also.
Full decision O/128/99 
331Kb
