Trade mark decision

BL Number
Decision date
22 August 2008
Hearing Officer
Mr M Foley
METRO (plus suffix) +
03, 05, 06, 08, 09, 14, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 39, 42
Associated Newspapers Limited
Metro Cash & Carry GmbH
Consolidated Oppositions
Sections 5(2)(a) & 5(2)(b)


Section 5(2)(a): Opposition dismissed Section 5(2)(b): Opposition successful (provisionally)

Points Of Interest

  • Decision on stay of proceedings.


The opposition was based on the mark METRO applied for in a number of classes.

The Hearing Officer dismissed a joint request for a stay of proceedings in view of the length of time during which these proceedings had been pending.

Turning to the substantive matter the Hearing Officer found the marks to be similar; the goods/services, however required a detailed and lengthy assessment.

In the result the Hearing Officer found the opponents successful (provisionally) in respect of all the goods/services where had had found identicality/similarity.

He reserved his decision on costs pending the outcome of the application for registration of the opponents earlier mark.

Full decision O/243/08 PDF document360Kb