Trade mark decision

BL Number
Decision date
4 November 2005
Hearing Officer
Mr G Salthouse
35, 36, 38, 39, 41, 43
The Everton Football Club Company Limited
SAS Carte Bleue (Société par Actions Simplifeé)
Sections 3(6) & 5(2)(b)


Section 3(6): - Opposition failed.

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

Points Of Interest

  • 1. Comparison of the marks CARTE BLEUE v BLUE CARD; average UK customer's reactions to foreign language marks.


The opposition was based on various registrations of a mark consisting of or including the words 'CARTE BLEUE', in a number of classes.

The Hearing Officer found many of the services in issue to be identical or similar.

However, having compared the marks the Hearing Officer concluded that there was no likelihood of confusion; despite 'some visual and aural similarities' in the marks they were, on the whole, not similar. The Hearing Officer's assessment included some reflections on the average UK customer's reaction to foreign language marks.

The Section 5(2)(b) opposition failed accordingly. The evidence did not support the allegations under Section 3(6) and the opposition therefore failed in total.

Full decision O/297/05 PDF document202Kb