Trade mark decision
- BL Number
- O/180/98
- Decision date
- 9 September 1998
- Hearing Officer
- Mr A James
- Mark
- JUMELLE
- Classes
- 03
- Applicant
- Napa Products Ltd
- Opponent
- John Lewis Plc
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - No formal finding.
Points Of Interest
- 1. Comparison of the marks JUMELLE v JONELLE
Summary
The opposition was based on the opponents’ mark JONELLE, registered in respect of identical goods. Comparing the marks, and taking account of other relevant factors, the Hearing officer considered that a likelihood of confusion existed; the Section 5(2) (b) opposition succeeded accordingly.
The Hearing Officer made no formal finding under Section 5(4)(a), but he recorded his view that the opponents were unlikely to have succeeded under that heading.
