Trade mark decision

BL Number

O/178/07

Decision date

22 June 2007

Hearing Officer

Mr M Reynolds

Mark

VERT

Classes

25

Applicant

Goose Design Limited

Opponent

Vertu Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful.

Points Of Interest

• None

Summary

The opponent owns a registration for the mark VERTU in Class 25 in respect of identical goods as those of the applicant. The opponent filed evidence to show that its mark VERTU is associated with Nokia, a mobile phone brand name but no evidence as to its use in relation to items of clothing.

As identical goods are at issue the essential comparison under Section 5(2)(b) was of the respective marks. The Hearing Officer accepted the applicant’s point that the letter ‘u’ is an unusual ending but even so he concluded that the respective marks are visually similar and also have some phonetic similarity. As the respective marks are likely to be seen as invented words the marks are not differentiated conceptually so imperfect recollection must be taken into account. Overall the Hearing Officer decided that the public would be deceived as to origin or more likely to assume that the respective marks were used by associated or linked undertaking’s. Opposition successful.

Full decision O/178/07 48Kb