Trade mark decision

BL Number
Decision date
30 July 2002
Hearing Officer
Mr M Reynolds
03, 08, 09, 11, 12, 14, 16, 18, 20, 21, 24, 25, 27
Registered Proprietor
Bennetton Group SpA
Applicants for Declaration of Invalidity
Carsten Sports Limited
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b)).


Application for invalidation, Section 47(2)(a) (Section 5(2)(b), failed.

Points Of Interest

  • 1. Comparison of the marks : FORMULA 1 v BENNETTON FORMULA 1 RACING TEAM & device.


The opposition was based on the opponents’ registration (in Class 28) and use of the mark FORMULA 1; they opposed registration in respect of some of the proprietor’s specified goods.

Under Section 5(2)(b) the Hearing Officer first addressed the matter of the distinctiveness of the applicants’ mark. In this he decided that the applicants’ mark had an average (but not enhanced) degree of distinctive character.

Addressing the matter of the similarity of the marks, he decided, overall, they were different in character.

On the question of the similarity of the disputed goods, he decided there was similarity, but in view of his findings in respect of the marks he decided there was no likelihood of confusion. The application for invalidation failed accordingly.

Full decision O/305/02 PDF document65Kb