Trade mark decision

BL Number

O/278/04

Decision date

15 September 2004

Hearing Officer

Mr M Foley

Mark

KÖRE

Classes

25, 35

Applicants

Harjeet Singh Johal

Opponent

Miles Kors LLC

Opposition

Section 5(2)(b)

Result

Section 5(2)(b)

Points Of Interest

• Comparison of the marks: KORET, KORY, KORO & KORN v KÖRE; "some resemblance" but not the same or similar.

Summary

This was a decision supplementary to that set out under BL O/247/04. It had been brought to the attention of theHearing Officer that his earlier finding under Sections 5(2)(b) had dealt onlywith the alleged clash with the opponents’ earlier mark KORS. It had not examined the matter in the lightof four other marks cited by the opponents, namely, KORET, in Class 25; KORY inClass 25, KORO (stylised) in Class 25 and KORN a device in Classes 9, 16, 25& 41.

Addressing the matter of these other marks theHearing Officer noted that they covered goods identical with or similar tothose specified in the application. Nevertheless, having considered them the Hearing Officer found thatwhilst they bore "some resemblance" to the mark applied for they were neitherthe same nor similar to it. He found nolikelihood of confusion and the opposition under Section 5(2)(b) based on thesemarks failed also.

Full decision O/278/04 12Kb