Trade mark decision

BL Number
O/242/08
Decision date
21 August 2008
Hearing Officer
Mr M Reynolds
Mark
RED
Classes
09, 16, 38, 41
Applicant
Hachette Filipacchi (UK) Ltd
Opponent
Major League Baseball Properties Inc
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition partially successful in respect of Class 41.

Points Of Interest

  • None

Summary

The opponent’s opposition was based on its ownership of two registrations; the mark REDS and device registered in Class 41 and the mark CINCINNATI REDS registered in Classes 9, 16 and 41.

Under Section 5(2)(b) the Hearing Officer compared the respective marks RED and REDS & device and concluded that there was a reasonable degree of similarity between the two marks. The Hearing Officer went on to consider the respective services in Class 41 and concluded that there were identical and similar services at issue. There was, however, only very limited similarity with the applicant’s goods in Classes 9 and 16 and its services in Class 38.

Overall the Hearing Officer considered that there was only a likelihood of confusion in respect of some of the applicant’s services in Class 41 and opposition succeeded in respect of such services.

The Hearing Officer went on to compare the respective marks RED and CINCINNATI REDS and had little difficulty in concluding that the marks were visually, aurally and conceptually different and that there was little likelihood of confusion. Opposition failed in respect of this mark.

Full decision O/242/08 PDF document71Kb