Trade mark decision

BL Number
O/323/03
Decision date
23 October 2003
Hearing Officer
Mr D Landau
Mark
TERRA-PIN THE BODY PIERCERS
Classes
41, 42
Applicant
Joanne Baum
Opponent
Terra Networks SA
Opposition
Section 5(2)(b)

Result

Section 5(2)(b); - opposition failed.

Points Of Interest

  • 1. Comparison of the marks TERRA & TERRA & device v TERRA-PIN & device.

Summary

The opposition was based on registrations of various 'TERRA' marks. The Hearing Officer based his considerations on two of three registrations, TERRA and device, and TERRA as those represented the opponents’ best case. Identical services were involved, he found, as were some similar services. The Hearing Officer therefore went on to make a comparison of the marks.

In the case of the opponents' mark TERRA, he found conceptual visual and phonetic dissimilarity. Turning to a comparison of the opponents’ TERRA and device mark, he made the same findings, save that the visual dissimilarity was of course greater. Since the marks were not similar there was no likelihood of confusion. The opposition failed accordingly.

Full decision O/323/03 PDF document113Kb