Trade mark decision

BL Number

O/317/03

Decision date

21 October 2003

Hearing Officer

Mr M Reynolds

Mark

FOUR EYEZ

Classes

05, 09

Applicant

Fashion Wear Services Limited

Opponent

For Eyes Optical Company

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the marks FOR EYES v FOUR EYEZ.

Summary

The opposition was based on the opponents’ registrations of FOREYES and device, registered in Classes 9, 35 and 42. The Hearing Officer found that the applicants’ goods specified in Classes 5 and 9 were either identical with or similar to the opponents’ Class 9 goods. It was unnecessary to consider the matter in Classes 35 and 42 as these would not put the opponents into any stronger a position. After assessing the distinctive character of the respective marks and comparing them one with the other, however, the Hearing Officer found no likelihood of confusion. He noted that the goods were likely to be chosen with some care and he found no conceptual similarity save that at a general level both had some reference to spectacles contact lenses or wearers of those items.

Full decision O/317/03 28Kb