Trade mark decision

Grounds

Sections 5(1), 5(2) and 5(3) Issues To Do With Goods / Services - Goods v retail services
Sections 5(1), 5(2) and 5(3) Average Customer - Purchasing process
Sections 5(1), 5(2) and 5(3) Likelihood of Confusion - Effect of concurrent use
Sections 5(1), 5(2) and 5(3) Likelihood of Confusion - Decisions in other jurisdictions
Sections 5(1), 5(2) and 5(3) Dilution Cases - Reputation
Section 5(4) Earlier Rights - Passing off (Issues arising from Registry proceedings)
Section 5(4) Earlier Rights - Added value (circumstances where S.5(4)(a) offers an advantageous position in comparison to S.5(2)
Revocation / Proof of Use - Partial revocation - arriving at a fair description of goods / services
Revocation / Proof of Use - Partial revocation - redrafting specifications

Full decision O/155/13 905Kb