Trade mark decision

BL Number
O/261/08
Decision date
26 September 2008
Hearing Officer
Mrs A Corbett
Mark
SHEERGLAZE
Classes
06, 37, 42
Applicants
LMC Group Limited
Opponents
L B Plastics Ltd
Opposition
Sections 5(2)(a) & 5(2)(b)

Result

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

Points Of Interest

  • 1. Genuine use; use within a group of companies
  • 2. Comparison of the mark SHEER v SHEERGLAZE

Summary

The opposition under Section 5(2)(a) was based on the mark SHEERGLAZE. Proof of use was required in respect of this registration and was provided in respect of “sealed glazing units”. The marks being identical the matter turned on the comparison of goods; the application specified “Doors employing a metallic frame concealed between layers of glazing to enable the glazing to appear entirely frameless”.

The Hearing Officer found these to be similar to “at least a reasonable degree”. In the result he found a likelihood of confusion and the Section 5(2)(a) opposition succeeded.

In case he should be found wrong in this, however, he went on to consider the opposition under Section 5(2)(b), which was based on the registration “SHEER”. In this case no proof of use was required and the registration included goods identical with those specified in the application. The issue therefore was the similarity of the marks SHEER v SHEERGLAZE, which the Hearing Officer found “similar to a high degree”. In the result the opposition under Section 5(2)(b) also succeeded.

Full decision O/261/08 PDF document81Kb