Trade mark decision

BL Number

O/279/05

Decision date

17 October 2005

Hearing Officer

Mr M Reynolds

Mark

SeVen 7

Classes

25

Applicant

Arcadia Group Brands Limited

Opponent

Seven SpA

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• Honest concurrent use.

Summary

The opposition was based on two registrations of the mark SEVEN (stylised and with a device) in Class 25. The Hearing Officer assessed all of the marks in issue as having “a reasonably high degree of distinctive character when the combined effect of the various features is taken into account”. The stylization contributed to the distinctive character but did not “displace or negate the significance of the word SEVEN”, he said. The marks were quite closely similar, he decided and the goods identical. Overall, the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.

Full decision O/279/05 55Kb