Trade mark decision

BL Number

O/203/07

Decision date

20 July 2007

Hearing Officer

Mr M Foley

Mark

ZENITH

Classes

09

Applicants

Continental Eyewear Limited

Opponents

Zenith International S.A.

Opposition

Sections 5(2)(a) & 5(3)

Result

Section 5(2)(a): Opposition failed. Section 5(3): Opposition failed.

Points Of Interest

• Comparison of goods; ‘fashion-accessory’ link, watches and sunglasses?

Summary

The opposition was based on the opponents’ registration of the identical mark ZENITH ;evidence of their use of the mark however, which they were required to show, was described by the Hearing Officer as ‘thin to say the least’ and did not establish use on any goods other than watches.

These, he found, were not similar to the sunglasses and spectacles in the applicants’ specification ,despite a claim that there was a ‘fashion-accessory’ link.

Overall, he found no likelihood of confusion and the S5(2)(a) ground failed accordingly.

Neither was the Hearing Officer convinced as to any claim of erosion or dilution and the Section 5(3) ground failed also.

Full decision O/203/07 124Kb