Trade mark decision

BL Number: O/131/99
Decision date: 14 May 1999
Hearing Officer: Mr M Reynolds
Mark: RUBY BRAND R
Classes: 30
Registered Proprietor: Tradelink (London) Ltd
Applicants for Declaration of Invalidity: East End Foods Plc
Application for Invalidity: Section 47(2)(a)

Result

Section 47(2)(a) Application failed

Points Of Interest

Comparison of goods in Classes 29 and 30.

Summary

Under Section 47(1) the applicants had contended that the mark had been registered in breach of both Section 3(3)(b) and Section 3(6). These grounds were not pursued and failed accordingly. Under Section 47(2)(a), the applicants contended that the mark had been registered in breach of Section 5(2), having regard to their own registration of RUBY, in Class 29. In the terms of the established tests and guidance, on detailed comparison of the respective goods, the Hearing Officer found that the mark had not been registered in breach of Section 5(2).

Full decision O/131/99 39Kb