Trade mark decision

BL Number
O/291/03
Decision date
19 September 2003
Hearing Officer
Mr G Attfield
Mark
BARTON
Classes
34
Registered Proprietor
HLH LLC
Applicants for a Declaration of Invalidity
Joh. Wilh. Von Eicken GmbH
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b))

Result

Application for invalidation, Section 47(2) citing Section 5(2)(b) successful.

Points Of Interest

  • 1. Comparison of the marks BURTON v BARTON

Summary

The application cited an international registration in Class 34 of the mark BURTON. The action was uncontested, but a case under Section 5(2)(b) was required in view of the presumption of validity, Section 72.

The matter came down to a comparison of the marks and in the result the Hearing Officer found a likelihood of confusion. The application for invalidation succeeded accordingly.

Full decision O/291/03 PDF document22Kb