Trade mark decision

BL Number: O/136/99
Decision date: 19 May 1999
Hearing Officer: Mr M Foley
Mark: KAIMANN
Classes: 06, 11, 17, 19, 20
Applicant: Wilhelm Kaimann
Opponent: La Chemise Lacoste
Opposition: Section 3(6); 5(3) & 5(4)(a)

Result

Section 3(6) - opposition failed

Section 5(3) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

Analysis of 'reputation'.

Summary

The evidence did not support the objection under Section 3(6) and this was dismissed accordingly. Under Section 5(3) the Hearing Officer held that considered "globally" the marks were not similar. The opponents' claim to 'reputation' beyond that centred on their own trade, was not made out, and that ground of objection failed. Under Section 5(4)(a) the Hearing Officer found that there was no link "tenuous or otherwise" between the respective goods.

Full decision O/136/99 90Kb