Trade mark decision

BL Number

O/223/98

Decision date

11 November 1998

Hearing Officer

Mr G Salthouse

Mark

QS BY S OLIVER

Classes

18, 25

Applicant

S Oliver Bernd Frier GmbH & Co KG

Opponent

Q.S. Familywear Plc

Opposition

Sections 1, 3(1)(a), (b) & (c), 3(6), 5(2)(b) & 5(4)(a)

Result

Section 1 - Opposition failed

Section 3(1) - Opposition failed

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition partially successful

Section 5(4(a) - Not considered

Points Of Interest

• None

Summary

The opponents had a number of registrations of their mark QS in Class 25 and they filed evidence of user dating back to 1972.

The essential ground of opposition in this case was under Section 5(2)(b) and the Hearing Officer had no difficulty in reaching the conclusion that the essential feature of the applicants mark was the letters QS and that this mark was confusingly similar to the opponents registered marks. The Hearing Officer went into some detail in comparing the respective goods and concluded that the opposition was successful against the Class 25 application but that the applicants mark could proceed for a restricted specification in Class 18.

Full decision O/223/98 31Kb