Trade mark decision

BL Number
Decision date
26 September 2006
Hearing Officer
Mr D Landau
09, 16
Wheels in Motion (Innovations) Limited
Fashion Box SpA
Section 5(2)(b)


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

Points Of Interest

  • See also BL O/274/06


The opponent owns the mark REPLAY registered in a range of Classes including Classes 9 and 16. It also filed evidence of use of its mark, mainly in relation to clothing for men and accessories therefore such as belts, but use was also claimed in relation to eyewear products, cosmetics, soaps etc.

Under Section 5(2)(b) the Hearing Officer compared the respective specifications and decided that the respective goods were not similar other than in class 16 which required detailed consideration. Having compared the respective goods carefully the Hearing Officer decided that “greeting cards and collectible cards” included in the applicant’s specification were similar to goods included in the Class 16 registration of the opponent.

As regards the respective marks REPLAY and INSTANT REPLAY (stylised) the Hearing Officer noted that the marks were different visually and aurally. However, they were very similar conceptually and the Hearing Officer concluded that overall the respective marks were similar. He went on to find the opposition successful in respect of “greeting cards and collectible cards”.

Full decision O/276/06 PDF document127Kb