Trade mark decision
- BL Number
- O/211/08
- Decision date
- 21 July 2008
- Hearing Officer
- Mr G Salthouse
- Mark
- BATTLESTORM
- Classes
- 28, 41
- Applicants
- Momentum Limited
- Opponent
- Jakks Pacific Inc
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- Comparison of the marks THE STORM v BATTLE STORM.
Summary
The opposition which was directed at some only of the goods in Class 28, was based on the opponent’s mark THE STORM, applied for in respect of “Water toys, namely toy water guns”.
The Hearing Officer concluded that the Class 28 specifications were similar, but that “the visual and aural differences between the marks far outweigh any slight similarity”. The opposition therefore failed.
Full decision O/211/08 
44Kb
