Trade mark decision

BL Number
O/247/06
Decision date
31 August 2006
Hearing Officer
Mr G Salthouse
Mark
PHLIP
Classes
25
Applicant
Philip Clothing Ltd
Opponent
Flip Skateboards Inc
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): Opposition successful. Section 5(4)(a): No formal finding.

Points Of Interest

  • Comparison of the marks, FLIP v PHLIP; “These days the average consumer is used to companies using strange and bizarre spellings which nevertheless produce identical phonetic results.”

Summary

The opposition was based on international and CTM registrations of their mark FLIP in Classes 25 and 28. The Class 25 goods were identical and the Hearing Officer therefore proceeded to a comparison of the marks, FLIP and PHLIP, and to an overall assessment. These were obvious visual differences but overall there was a likelihood of confusion and the oppositions under Section 5(2)(b) succeeded accordingly. The Hearing Officer did not go on to consider the matter under Section 5(4)(a).

Full decision O/247/06 PDF document45Kb