Trade mark decision

BL Number
O/185/98
Decision date
21 September 1998
Hearing Officer
Mr M Reynolds
Mark
LEATHERWOOD
Classes
03
Applicants
Concept Marketing Pty Ltd
Opponents
Cussons (International) Ltd & Cussons (UK) Ltd
Opposition
Section 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - opposition successful

Section 5(4)(a) - no formal finding

Points Of Interest

  • None.

Summary

The opposition was based on the opponents' registration and use of their marks IMPERIAL LEATHER and LEATHER solus. The Hearing Officer found the goods to be similar and the marks also. He considered that a likelihood of confusion existed, and the Section 5(2)(b) succeeded accordingly. He made no formal finding under Section 5(4)(a) but he remarked that the opponents would not be likely to succeed under that head.

Full decision O/185/98 PDF document83Kb