Trade mark decision

BL Number

O/274/01

Decision date

26 June 2001

Hearing Officer

Mr S P Rowan

Mark

CONNECTOLOGY

Classes

09, 37, 42

Applicant

Connectology Limited

Opponent

Thomas International Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition successful in relation to Class 9 application. Application allowed to proceed in respect of Classes 37 and 42.

Points Of Interest

• An opponent does not need to own the marks on which opposition is based. This applies to Sections 5(2) and 5(4).

Summary

The opponents opposition was based on a registered mark in Class 9 consisting of three jigsaw pieces linked with a further piece detached. Both parties claimed use prior to the relevant date but close examination of the evidence filed did not substantiate such claims. As identical goods were concerned in relation to the Class 9 application the conflict rested on a comparison of the respective marks under Section 5(2)(b). Having considered the relevant aspects such as aural, visual and conceptual, the Hearing Officer reached the view that the applicants had captured the distinctive character of the opponents mark. He concluded that this could lead to an association between the two trade marks such that the public would wrongly believe that the respective goods come from the same or economically linked undertakings.

Full decision O/274/01 49Kb