Trade mark decision

BL Number
O/247/02
Decision date
18 June 2002
Hearing Officer
Mr M Foley
Mark
COLOURS
Classes
09, 16, 18, 41, 42
Applicants
The London Tobacco Company Limited
Opponents
Benetton Group SpA
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)*

Result

Section 5(2)(b) - Opposition partially successful

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. Effect of disclaimers.

Summary

A large number of COLORS marks were cited by the opponents but most of these were discounted by the Hearing Officer as they had disclaimers of the word COLORS. One registration, however, succeeded under Section 5(2)(b) in respect of some of the goods in Class 9 and all the goods in the Class 18 specification. Under Section 5(3) the Hearing Officer could not find anything that established the opponents’ claims to reputation in the mark COLORS, solus, and that ground failed. The same defect decided the matter under Section 5(4)(a) also.

In the result the application was permitted to proceed subject to the deletion of the Class 18 goods and some of the goods in Class 9.

Full decision O/247/02 PDF document62Kb