Trade mark decision

BL Number

O/190/04

Decision date

2 July 2004

Hearing Officer

Mr G Salthouse

Mark

V-10

Classes

33

Applicant

Jordan Brand Limited

Opponent

Campbell Soup Company

Opposition

Sections 5(2)(b), 5(3), 5(4)(a) & 56

Result

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

Section 5(3) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Section 56 - Opposition failed.

Points Of Interest

• 1. None

Summary

Opposition was based on the ownership of registrations of the mark V8 (and variations thereof) in Classes 29 and 32 and in particular in respect of “beers” in Class 32. The opponent also claimed use of its mark in respect of a vegetable fruit juice but this claim was not well documented and the Hearing Officer concluded that the mark V8 did not enjoy an enhanced level of distinctiveness nor did the opponent enjoy a reputation in the mark V8.

Under Section 5(2)(b) the Hearing Officer compared the respective goods and concluded that “beers” in the opponent’s specification were similar to the applicant’s goods “alcoholic beverages etc” in Class 33. He also decided that as the letter ‘V’ and numerals are commonly used in relation to car engines that the respective marks V-10 and V8 were confusingly similar. Opposition thus succeeded under Section 5(2)(b).

In view of its lack of reputation in the mark V8 the opponent failed in its grounds of opposition under Sections 5(3), 5(4)(a) and 56.

Full decision O/190/04 51Kb