Trade mark decision

BL Number
O/150/00
Decision date
27 April 2000
Hearing Officer
Mr M Reynolds
Mark
BONETTI / BENETTI
Classes
25
Applicant
Fashion Mark Ltd
Opponent
Deutsche Herrenwasche-Fabriken Dornbusch & Co GmbH
Opposition
Sections 5(6), 5(2)(b) and 5(4)(a)

Result

Section 5(2)(b) - Opposition sucessful

Section 3(6) & 5(4)(a) - Not decided

Points Of Interest

  • None

Summary

Opposition based on opponent's registration of the mark BENETTI (stylised) in Class 25. Under Section 5(2)(b), the Hearing Officer took the view that the degree of stylisation of both marks was small, such that the average customer was likely to regard the words themselves as the distinguishing features. He found these words to be confusingly similar, both visually and aurally, particularly given that they differed only in the second letter, which was a relatively weak vowel, and that conceptually they would both be taken as foreign words, perhaps Italian surnames. Finding also that identical and/or similar goods were involved, he had no hesitation in finding a likelihood of confusion, and therefore upheld opposition on that ground. In respect of the other pleaded grounds, the Hearing Officer saw no need to consider these beyond saying he did not think they would offer the opponents any better basis for their opposition.

Full decision O/150/00 PDF document21Kb