Trade mark decision

BL Number
O/216/08
Decision date
29 July 2008
Hearing Officer
Mr O Morris
Mark
LUCKY PUNK
Classes
25
Applicant
LP Designs
Opponent
Lucky Brand Dungarees, Inc
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • None

Summary

The opponent’s opposition was based on its ownership of three registrations consisting of or containing the words LUCKY BRAND in a range of classes including Class 25 where identical and similar goods were at issue.

The opponent also filed some evidence to show that its marks are in use in relation to items of clothing sold in Selfridges but no details as regards turnover or period of use was filed. The opponent accepted that its best case rested on its registration for the mark LUCKY BRAND (in block capitals) registered in respect of a range of goods in Class 25).

Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue and went on to compare the respective marks LUCKY BRAND and LUCKY PUNK (stylised). While the Hearing Officer accepted that there was a degree of similarity in the two marks because of the presence of the word LUCKY he considered that the marks were so different conceptually that there was no likelihood of confusion. Opposition thus failed.

Full decision O/216/08 PDF document176Kb