Trade mark decision

BL Number: O/172/99
Decision date: 23 June 1999
Hearing Officer: Dr W J Trott
Mark: FERRY MILES
Classes: 16, 35, 39
Applicant: Fiona Roberta Hankin
Opponent: Air Miles International Holdings NV
Opposition: Sections 3(6); 5(2)(b) & 5(4)(a)

Result

Section 3(6): - Opposition dismissed.

Section 5(2)(b): - Opposition dismissed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

1. Comparison of the marks AIR MILES and device of aeroplane v FERRY MILES and device of ships.

Summary

The opponents based their opposition on a number of ‘Air Miles’ marks, both registered and unregistered. Under Section 5(2)(b) the Hearing Officer confined his consideration to an AIR MILES and device of an aeroplane mark (No 1465785) as this was the mark most similar to that of the applicant. He found that the goods at issue were very similar, but not identical. The marks, he found, were not confusingly similar, and the distinctiveness of the earlier mark and its reputation were not such as to over-ride the differences and establish a likelihood of confusion.

Under Section 5(4)(a) he concluded that despite the opponents’ significant goodwill, the marks being dissimilar, the public’s awareness of a number of reward schemes, and the opponents long, established use of their own mark, made misrepresentation and damage unlikely.

The Section 3(6) objection was not supported by evidence or argument and was dismissed.

Full decision O/172/99 112Kb