Trade mark decision

BL Number
O/297/06
Decision date
18 October 2006
Hearing Officer
Mr M Reynolds
Mark
BLACK STAR
Classes
33
Applicants
Incorporated Beverages (Jersey) Limited
Opponents
Berentzen Brennereien GmbH & Co KG
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • Comparison of the mark BLACK SUN v BLACK STAR; effect of possible conceptual similarity.

Summary

The opposition was based on the opponents’ mark BLACK SUN, registered in Class 33.

The goods were identical (or closely similar); the Hearing Officer therefore turned to a comparison of the marks.

The Hearing Officer focussed on the possible conceptual similarity in the marks; in the result, however, he concluded that “consumers would take these marks at face value and would not pause to consider whether they converged on a similar conceptual theme to the point that they considered goods, even identical ones, sold under the marks emanated from the same or economically linked trade sources.”

The opposition under Section 5(2)(b) failed.

Full decision O/297/06 PDF document27Kb