Trade mark decision

BL Number: O/239/08
Decision date: 15 August 2008
Hearing Officer: Mr M Reynolds
Mark: K2 Performance Systems
Classes: 41
Applicants: K2 Performance Systems Ltd
Opponents: K-2 Corporation
Opposition: Section 5(2)(b)

Result

Section 5(2)(b)

Points Of Interest

Conceptual similarity: “…. When marks converge on the same idea, the conceptual identity can override stylistic differences.”

Summary

The opposition was based on two CTMs. K2 and K2 (stylised with device) registered in Class 41.

The Hearing Officer found the services to be identical and went on to consider the marks and other relevant factors. In the result he found the marks to be similar despite the stylistic differences and on a global appreciation he found a likelihood of confusion.

Full decision O/239/08 50Kb