Trade mark decision

BL Number
O/172/98
Decision date
20 August 1998
Hearing Officer
Mr M Reynolds
Mark
SYNT
Classes
05
Applicants
Beirsdorf-Lilly GmbH
Opponents
Synthelabo
Opposition
Section 3(1)(b) & 5(2)(b)

Result

Section 3(1)(b) - opposition failed

Section 5(2)(b) - opposition sucessful

Points Of Interest

  • The mark SYNT might be confused with other marks having SYNT (+) as a prefix.

Summary

The Hearing Officer felt there might be some force in the opponents’ contention that the prefix SYNTH or SYNT alludes to the nature of the goods but he did not consider that the material before him gave him a sufficiently strong basis to decide the point in the opponents’ favour. The ground under Section 3 failed, therefore. Under Section 5(2)(b) the Hearing Officer noted the large number of marks on the Register, in Class 5, having SYNT as the first syllable, eg SYNTEX , SYNTEL. He decided that it was the differences in the marks as totalities which distinguished them one from another. It seemed therefore that confusion could arise (bearing in mind the goods were identical) in oral use. The opposition therefore succeeded.

Full decision O/172/98 PDF document23Kb