Trade mark decision
- BL Number
- O/251/07
- Decision date
- 30 August 2007
- Hearing Officer
- Mr D Landau
- Mark
- CHORKEE (stylised) & device
- Classes
- 16, 25
- Applicants
- Chorkee Ltd
- Opponents
- Cherokee Inc
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed.
Points Of Interest
- Comparison of the marks CHEROKEE v CHORKEE; no likelihood of confusion due to “conceptual” differences in the marks.
Summary
The opposition was based on various CHEROKEE marks registered in respect of goods which were similar. The Hearing Officer also found “a good deal of visual similarity between the respective marks”. Nevertheless, in his consideration of a likelihood of confusion the Hearing Officer concluded that the average consumer would “have conceptual hooks in relation to the earlier trade mark upon which the memory (could) hang”. Hence there was no likelihood of confusion. This finding in respect of the marks effectively finished off the Section 5(3) objection also.
Full decision O/251/07 
228Kb
