Trade mark decision

BL Number

O/234/01

Decision date

23 May 2001

Hearing Officer

Mr M Reynolds

Mark

FIT FOR FUN

Classes

25, 41

Applicant

Lydia Campbell

Opponent

Fit For Fun Verlag GMBH

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful against Class 25.

Opposition unsuccessful against Class 41.

Points Of Interest

• It is important that grounds of opposition are clearly stated so that applicants are fully aware of all the objections to their application.

Summary

The opponents opposition was based on their registered mark FIT FOR FUN (stylised) which is registered in Class 25. In their grounds of opposition and evidence the opponents never indicated that they objected specifically to the applicants application in Class 41. The Hearing Officer thus decided that he would proceed on the basis that the opponents objection was limited to the Class 25 goods.

The applicant had filed evidence at examination stage to support a claim to "honest concurrent use" but did not rely on this evidence in the opposition proceedings - merely arguing that the respective marks were not confusingly similar. The opponent however, had filed the applicants user evidence in order to criticise it more effectively but in any event the Hearing Officer considered it too modest to be of any weight. In comparing the respective marks for similar and identical goods in Class 25 the Hearing Officer had no hesitation in reaching the conclusion that the respective marks were confusingly similar.

Full decision O/234/01 28Kb