Trade mark decision
- BL Number
- O/153/08
- Decision date
- 4 June 2008
- Hearing Officer
- Mr G Salthouse
- Mark
- RED'KA (stylised) & device of squares (coloured red)
- Classes
- 33
- Applicant
- Necker Cyril
- Opponents
- Red Square Beverages Limited
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition failed Section 5(3): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Comparison of the marks RED SQUARE & device v RED’KA & device of red squares.
Summary
The opposition was based on two RED SQUARE, word only, marks and another RED SQUARE and ‘square device’ mark. The respective specifications covered identical goods. The matter therefore turned on the comparison of the marks and the other factors necessary for a ‘global’ appreciation.
The Hearing Officer, did not find the marks to be confusable and “did not accept the contention that the applicant’s mark (would) be seen to consist of a red square and thus be confusable with the opponent’s mark”.
The Section 5(2)(b) objection therefore failed and the Section 5(4)(a) objection fell with it.
Having considered the various factors under Section 5(3) the Hearing Officer concluded that this too should fail.
Full decision O/153/08 
131Kb
