Trade mark decision

BL Number
O/159/02
Decision date
10 April 2002
Hearing Officer
Mr D Landau
Mark
PRACTICK
Classes
16, 18, 20, 21, 24, 32, 33, 34
Applicant
Practick Limited
Opponent
Praktiker Bau-und Heimwerkmärkte AG
Opposition
Sections 5(2)(b) & 5(3)

Result

Section 5(2)(b): - Opposition partially successful.

Section 5(3): - Opposition failed.

Points Of Interest

  • None

Summary

The opposition was based on the opponents’ registrations of their mark PRAKTIKER, registered in respect of a wide range of goods. The Hearing Officer found that the goods in Classes 9 and 16 of the application were identical with those covered by the opponents’ registrations, and the marks were similar. He therefore found a likelihood of confusion in respect of their goods.

Under Section 5(3), however, he found that the opponents had failed to establish in evidence a reputation in respect of the goods covered by his CTM. That ground therefore failed; neither had the opponents shown that there would be a detriment to the distinctive character of their earlier mark.

In the result, the application was allowed to proceed if limited by the deletion of the goods in Classes 9 and 16.

Full decision O/159/02 PDF document114Kb