Trade mark decision

BL Number
Decision date
18 June 2003
Appointed Person
Mr S Thorley QC
Rosco Clothing Limited
Fuzzi SpA
Section 5(2)(b). Appeal to Appointed Person


Section 5(2)(b): - Opposition failed.

Appeal to Appointed Person: - Hearing Officer’s decision upheld. Appeal dismissed.

Points Of Interest

  • See Hearing Officer’s decision dated 13 December 2002 (BL O/522/02).


This was an appeal from the Hearing Officer’s decision dated 13 December 2002 (BL O/522/02). In that decision the Hearing Officer had compared the opponent’s mark FUZZI with the applicant’s mark FUTTI and decided that they were not confusingly similar. In making that finding he expressed the view that the change of a double consonant within relatively short marks make a striking impression.

The Appointed Person accepted that the Hearing Officer had correctly stated the law and had considered all the relevant aspects of the conflict and had reached a decision which was open to him. The Appointed Person expressed surprise at the decision reached but he could discern no error of principle in the Hearing Officer’s approach nor was he plainly wrong. He, therefore, upheld the Hearing Officer’s decision and dismissed the appeal.

Full decision O/193/03 PDF document17Kb