Trade mark decision

BL Number: O/178/99
Decision date: 3 June 1999
Hearing Officer: Mr M Knight
Mark: MBRM MB RM
Classes: 09, 36
Applicants: Maha Barakat
Opponents: Raymond Morris Group Limited
Opposition: Sections 5(2)(b) & 5(4)(a)*

Result

Section 5(2)(b) - Opposition successful against second mark in the series

Section 5(4)(a) - Opposition failed

Points Of Interest

1. Comparison of the marks RM v MB RM.
2. Series of marks.

Summary

The opposition was based on the opponents’ mark RM in a hexagonal device registered in Classes 16, 35 and 42., and was confined to the second mark in the series, MB RM. Comparing the marks, the Hearing Officer found them confusingly similar, and he went on to compare the goods/services.

In his view these overlapped and the net result would be a likelihood of confusion on the part of the public. The opposition under Section 5(2)(b) was upheld.

Under Section 5(4)(a), however, the Hearing Officer noted the lack of evidence as to the size of the reputation claimed or the possible damage. The Section 5(4)(a) opposition failed accordingly.

Finally, the Hearing Officer ruled that the marks in the application differed in their material particulars and did not constitute a series.

The application was permitted to proceed subject to deletion of the second mark.

Full decision O/178/99 47Kb