Trade mark decision
- BL Number
- O/141/02
- Decision date
- 26 March 2002
- Hearing Officer
- Mr J MacGillivray
- Mark
- BANANA BEACH SUNWIPE
- Classes
- 03
- Applicant
- Terence Hateley & William Bell
- Opponent
- Sun Pharmaceuticals Corp
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- 1. Comparison of the marks: BANANA BEACH SUN WIPE & device v BANANA BOAT
Summary
The opposition was based on the opponents’ registration of their marks BANANA BOAT and BANANA BOAT and device, also registered in Class 3.
Under Section 5(2)(b) whilst the goods were the same or similar, the Hearing Officer found that the visual, aural and conceptual differences between the marks made the possibility of confusion sufficiently remote as to not be a likelihood. That ground failed. This finding plus the fact that the opponents had not demonstrated reputation or goodwill in the UK at the relevant date, decided the matter under Section 5(4)(a) also.
Full decision O/141/02 
116Kb
