Trade mark decision

BL Number

O/221/07

Decision date

3 August 2007

Hearing Officer

Mr M Foley

Mark

DEVICE OF A TICK

Classes

25

Applicants

Road Clothing Limited

Opponents

Road Clothing Limited

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• Comparison of the marks; solid black tick v parallel lines of stitching in the form of a tick.

Summary

The opposition was based on registrations of a ‘tick’ device, registered in Class 25 (inter alia). The goods were identical; the matter therefore turned on a comparison of the marks. In the result, the Hearing Officer found no likelihood of confusion. The differences between the marks (one comprising two parallel lines of stitching in the form of a tick, the other a solid black line in the form of a tick) decided the matter.

Full decision O/221/07 112Kb