Trade mark decision

BL Number
Decision date
20 August 2007
Hearing Officer
Mr M Reynolds
THE DRUNKEN MONKEY (series of 3 marks)
41, 43
The Drunken Monkey Limited
Nine Dots LLC
Sections 5(2)(b) & 5(3)


Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed.

Points Of Interest

  • Comparison of the goods/services; complementarity; common group of users.


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 PDF document52Kb