Trade mark decision

BL Number

O/133/05

Decision date

11 May 2005

Hearing Officer

Mr M Reynolds

Mark

realtors UK

Classes

36, 42

Applicant

Realtors UK Limited

Opponent

National Association of Realtors

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition successful.

Points Of Interest

• 1. Distinctive character of the marks REALTOR(S)
• 2. Comparison of the marks REALTOR v realtors UK

Summary

The opposition was based on CTMs (one registration one application) of the marks REALTOR with a large stylised letter R, and REALTOR solus, in Classes 9, 16, 35, 36, 41 & 42.

The Hearing Officer noted that identical and/or closely similar services were involved, and he went on to give detailed consideration to the question of the distinctive character of the respective marks, at the end of which he found the evidence “to be inconclusive in establishing either that REALTOR(S) is recognised as a trade mark in this country or that it would be understood to be a generic term meaning estate agent”. He also rejected the contention that it was reasonably foreseeable that the word will come into regular use in the future.

Having compared the marks he concluded that there was a likelihood of confusion.

The opposition under Section 5(2)(b) succeeded accordingly

Full decision O/133/05 66Kb