Trade mark decision

BL Number

O/265/01

Decision date

19 June 2001

Hearing Officer

Dr W J Trott

Mark

CLOSER

Classes

25

Applicant

Eurodream Limited

Opponent

Bellini Warenvertriebsgesellschaft mbH

Opposition

Sections 5(2)(b)*

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

• None

Summary

The opposition was based on the registrations and use of the opponents’ mark CLOSED. In view of the paucity of the evidence of use, the Hearing Officer confined his considerations of the matter to Section 5(2)(b)* and did not make a finding under Section 5(4)(a), which had been cited in the statement of grounds. Under Section 5(2)(b) the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.

Full decision O/265/01 15Kb