Trade mark decision

BL Number

O/271/04

Decision date

3 September 2004

Hearing Officer

Mr M Reynolds

Mark

BY STORM

Classes

25, 40, 42

Applicant

Joyce Young

Opponent

Sun 99 Ltd

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the marks STORM v BY STORM
• 2. State of the Register evidence
• 3. Honest concurrent use

Summary

The opposition was based on a number of registrations of the mark STORM, both plain and stylised, with and without a device, in Classes 9, 14, 18, 20, 25 and 42. There was no evidence of use of the opponents’ marks; accordingly the Hearing Officer considered only their inherent merits.

Comparing the marks, the Hearing Officer found them to be highly similar both visually and orally. A detailed comparison of the goods/services, together with a consideration of other factors including that of honest concurrent use, resulted in a finding that there was a likelihood of confusion.

The opposition under Section 5(2)(b) succeeded accordingly.

Full decision O/271/04 74Kb