Trade mark decision

BL Number
O/161/00
Decision date
5 May 2000
Hearing Officer
Mr M Knight
Mark
PLANET HOLLYWOOD
Classes
42
Applicant
Stephen William Nock
Opponent
Planet Hollywood International Inc & Planet Hollywood (Trocadero) L.C
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • None

Summary

Opposition based on first opponent’s registrations in Class 42 et al of the mark PLANET HOLLYWOOD (with and without stylisation and device), the second opponent being a UK licensee under those marks. In applying the usual tests under Section 5(2)(b), the Hearing Officer accepted that those marks had become highly distinctive through use by the relevant date in respect of restaurant services under Class 42, and that the opponents had built up a significant and widespread reputation. However, he did not consider it likely that the public at large, being reasonably well informed, circumspect and observant, would be confused as to the origin of the services provided under the respective marks. In his view the two marks were sufficiently different for that not to happen, notwithstanding the opponents’ significant reputation. Opposition under Section 5(2)(b) therefore failed.

In dealing briefly with the opposition under Section 5(4)(a), the Hearing Officer found no greater likelihood of misrepresentation, even having regard to the opponents’ use of a mark comprising the words PLANET HOLLYWOOD and a globe device representing the Earth when viewed from space, there being no evidence as to public perception of that mark.

Full decision O/161/00 PDF document39Kb