Trade mark decision
- BL Number
- O/236/07
- Decision date
- 20 August 2007
- Hearing Officer
- Mr M Reynolds
- Mark
- THE DRUNKEN MONKEY (series of 3 marks)
- Classes
- 41, 43
- Applicants
- The Drunken Monkey Limited
- Opponents
- Nine Dots LLC
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed.
Points Of Interest
- Comparison of the goods/services; complementarity; common group of users.
Summary
The opposition was based on the opponents’ CTM “drunkenmunky” registered in classes 25. The Hearing Officer found the marks ‘similar to a high degree’. However, despite submissions that there was ‘complementarity’ between clothing on the one hand and entertainment services, nightclubs etc on the other, and that they shared a common group of users, the Hearing Officer found no similarity in the goods/services.
The Section 5(2)(b) objection failed accordingly.
The evidence filed in support of the Section 5(3) objection referred only to use in the UK and did not establish a reputation in the Community. It did not in any case, establish a UK reputation to the requisite standard. This objection failed also.
Full decision O/236/07 
52Kb
