Trade mark decision

BL Number
Decision date
6 June 2002
Hearing Officer
Mr M Foley
18, 25, 28
K2 Ski Sport + MODE GmbH
C & J Clark International Limited
Sections 5(2)(b) & 5(4)(a)


Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition partially successful

Points Of Interest

  • 1. Comparison of the marks: K v K2


The opponents’ mark consisted of the single letter K, registered in various registrations in Classes 18 and 25. The opponents did not object to the application in Class 28. The Hearing Officer concluded that same or similar goods were involved in the other classes; however, after comparing the marks the Hearing Officer came to the view that there was no likelihood of confusion and the Section 5(2)(b) objection failed accordingly.

Under Section 5(4)(a), however, the Hearing Officer noted that the opponents’ actual use of their mark had been in conjunction with prefixes and suffixes such as K MIDDIES, K SKIPS, K CDX, K PLUS, BIG K, etc and misrepresentation could result, in respect of footwear. He therefore allowed the application to proceed subject to a reduction in the Class 25 specification.

Full decision O/231/02 PDF document42Kb