Trade mark decision

BL Number
O/309/01
Decision date
17 July 2001
Hearing Officer
Mr J MacGillivray
Mark
PROTECTOES
Classes
09, 25
Applicant
Terence Ball
Opponent
Totectors Limited
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

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

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • The comparison of the marks PROTECTORS v TOETECTORS

Summary

The opposition was based on the opponents’ use and registrations of their mark TOTECTORS in classes 9 and 25. It was agreed that the same or similar goods were involved. The matter therefore came down, essentially, to a comparison of marks in which, under Section 5(2) and 5(4), the Hearing Officer found in favour of the applicant.

Full decision O/309/01 PDF document45Kb