Trade mark decision

BL Number

O/261/04

Decision date

25 August 2004

Hearing Officer

Mr G Salthouse

Mark

BILLIONAIRE OR BUST

Applicant

Outrageous Games Limited

Opponent

Crown & Andrews Pty Limited

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the goods; board games v card games.

Summary

The application was in respect of 'board games and parts and fittings therefor'. The opposing mark BILLIONAIRE was registered in respect of 'card games other than ordinary playing cards'.

Having compared these goods the Hearing Officer found them similar. The similarities in the marks outweighed the differences and viewing the matter globally the Hearing Officer found a likelihood of confusion.

The opposition succeeded accordingly.

Full decision O/261/04 22Kb