Trade mark decision

BL Number

O/248/07

Decision date

28 August 2007

Hearing Officer

Mr M Reynolds

Mark

ANDURAGUARD

Classes

02

Applicant

Andura Textured Masonry Coating Limited

Opponent

RPM/Belgium N.V.

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful.

Points Of Interest

• None

Summary

The opponent in these proceedings owns a registration for the mark DURAGARD HY-BUILD in Class 2 in respect of identical and similar goods as those of the applicant.

Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue and went on to compare the respective marks. In relation to the opponent’s mark the Hearing Officer decided that the DURAGUARD element was more distinctive than the element TY-BUILD which appeared to have descriptive connotations in respect of the goods at issue. The Hearing Officer also decided that DURAGUARD would be recognised as an element within the applicant’s mark ANDURGUARD. Looked at overall the Hearing Officer concluded that the respective marks were similar to the extent that even if not confused directly, consumers could well assume that the respective goods came from economically linked undertakings. Opposition thus successful under Section 5(2)(b).

Full decision O/248/07 38Kb