Trade mark decision

BL Number: O/170/99
Decision date: 18 June 1999
Hearing Officer: Mr D Morgan
Mark: JOS THE BOSS
Classes: 09, 14, 16
Applicant: Massa Finance BV
Opponent: Hugo Boss AG
Opposition: Sections 3(6); 5(2)(a); 5(3) & 5(4)(a)

Result

Section 3(6) - opposition failed

Section 5(2)(a) - opposition failed

Section 5(3) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

None.

Summary

The opponents based their objections on a number of registrations of their mark BOSS, HUGO BOSS, BOSS/HUGO BOSS and HUGO/HUGO BOSS. The Hearing Officer concluded that the marks at issue had their own distinct meanings - the opponents’ by registration, the applicants’; by nature. Visually, aurally and conceptually the marks were quite different, he said he came to the same conclusion under Section 5(3) and 5(4)(a). The Section 3(6) objection was dismissed as the opponents had not discharged the onus upon them to establish their case.

Full decision O/170/99 43Kb