Trade mark decision

BL Number
O/251/01
Decision date
8 June 2001
Hearing Officer
Mr R A Jones
Mark
PULSE 8
Classes
25
Applicant
B-Line Clothing Limited
Opponent
H & M Hennes & Mauritz AB
Opposition
Sections 5(2)(b)*

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

  • 1. The comparison of marks PULS and device v PULSE 8.

Summary

*(The statement of grounds had included objections under Section 3(6), 5(4) and 56, but as no evidence in support of them had been put forward, the Hearing Officer dismissed these at the outset). The opposition was based on the opponents’ registration of their mark PULS and device in Classes 14, 18 and 25.

Under Section 5(2)(b) (the sole remaining ground) the Hearing Officer concluded that whilst the goods were the same or similar, confusion between the marks was highly unlikely.

Full decision O/251/01 PDF document27Kb