Trade mark decision

BL Number

O/289/03

Decision date

24 September 2003

Hearing Officer

Mr M Reynolds

Mark

HEAD ON

Classes

25

Applicant

Capi Limited

Opponent

Head Sport AG

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

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

Section 5(4)(a) - No formal finding.

Points Of Interest

• 1. Section 5(2)(b) : Association.
• 2. Comparison of the marks HEAD v HEAD ON & device.
• 3. 'State of the register' evidence.

Summary

The opposition was based on the opponents' registration and use of their mark HEAD, in Class 25.

The goods being the same or similar, the matter came down to an assessment of the marks. The composite nature of the mark applied for was sufficient to avoid one mark being mistaken for the other, said the Hearing Officer, but there was an association between the marks which would cause the public wrongly to believe that the goods came from the same or economically linked undertakings. There was a likelihood of confusion and the Section 5(2)(b) ground succeeded accordingly.

The Hearing Officer did not go on to make a finding under Section 5(4)(a).

Full decision O/289/03 64Kb