Trade mark decision

BL Number
O/324/01
Decision date
30 July 2001
Hearing Officer
Mr M Reynolds
Mark
AWEAR
Classes
16, 36, 41, 42
Applicant
Awear
Opponent
A-Wear Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

  • Reputation arising from the manufacture of clothing in the UK. The Hearing Officer concluded that dealings with manufacturers did not give rise to a reputation, as an indication of origin, among the general public.

Summary

The opponents opposition was based on their use of the registered mark A-WEAR (and variations thereof including a/wear) on clothing manufactured in the UK and exported to the Republic of Ireland for sale in that Country.

As a first step the Hearing Officer compared the respective marks and concluded that there was strong visual similarities between them, also possible aural similarities. There was some evidence to suggest that the applicants mark was pronounced “aware” but this was not considered sufficient to impact on the Hearing Officers view that the marks were confusingly similar.

With regard to the question of similar goods and services, it was apparent from the evidence that the opponents were only concerned about “Provision and development of training courses, all relating to fashion and clothing” (Class 41) and “Accredition services, all relating to the clothing and fashion industry” and the Hearing Officer compared these services with the opponents clothing goods in Class 25. He concluded that there was in fact no similarity and therefore that the opposition failed in its entirety.

Full decision O/324/01 PDF document31Kb