Trade mark decision
- BL Number
- O/133/08
- Decision date
- 8 May 2008
- Hearing Officer
- Mr O Morris
- Mark
- MARTELLO TOWER
- Classes
- 32, 33
- Applicant
- Finnian Fitzpatrick
- Opponents
- Martell & Co
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed.
Points Of Interest
- Comparison of the marks MARTELL v MARTELLO TOWER and device.
Summary
The opposition was based on the opponents’ mark MARTELL, registered in Classes 32 and 33, for which proof of use, to the satisfaction of the Hearing Officer, was provided.
Having compared the marks the Hearing Officer found a very low degree of similarity. The goods were in some cases identical and in others of very low similarity. Overall, he found no likelihood of confusion either in the identical goods or those that were similar.
The Section 5(2) objection therefore failed. The findings in relation to the similarity of marks also disposed of the Section 5(3) objection.
Full decision O/133/08 
153Kb
