Trade mark decision
- BL Number
- O/175/07
- Decision date
- 20 June 2007
- Hearing Officer
- Mr D Landau
- Mark
- BERKELEY SUPERKINGS & device (series of four marks)
- Classes
- 34
- Applicants
- Gallaher Limited
- Opponents
- Philip Morris Products SA
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Comparison of the marks; designs of cigarette packets.
Summary
The application was for a series of marks which represent, essentially, cigarette packets. The design behind the word consisted of a v-shaped notch or chevron. The opposition was based on a cigarette packet design with an inverted-v shape or roof shape. However, despite the identicality of the goods the Hearing Officer, after a detailed consideration of the marks and the overall picture found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly and the Hearing Officer’s findings effectively decided the matter under Section 5(4)(a) also.
Full decision O/175/07 
202Kb
