Trade mark decision

BL Number

O/219/08

Decision date

4 August 2008

Hearing Officer

Mr G Salthouse

Mark

Device silhouette of a moose

Classes

25, 35

Applicants

Edison Limited (now Elkparts Ltd)

Opponents

A & F Trademark Inc

Opposition

Section 5(2(b)

Result

Section 5(2)(b): Opposition successful for the most part.

Points Of Interest

• None

Summary

The opposition (which also cited Sections 5(1) & 5(2)(a)) was based on a number of marks which also consisted of ‘moose’ devices (both silhouetted and unsilhouetted) in Classes 3, 14, 18, 25 & 35. The Hearing Officer concluded that there was a high degree of visual, aural and conceptual similarity in the marks and confusion was likely in respect of clothing and retail of clothing. The application was permitted to proceed with a much reduced specification.

Full decision O/219/08 97Kb