Trade mark decision

BL Number

O/329/03

Decision date

30 October 2003

Hearing Officer

Mr J MacGillivray

Mark

ECOSOLDER SENJU METAL INDUSTRY CO. LTD

Classes

01, 06

Applicant

Senju Metal Industry Co Ltd

Opponent

Multicore Solders Limited

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• See also BL O/328/03 where the same parties were in opposition.

Summary

The opponent’s opposition was based on their ownership of registrations of their mark ECOSOL in respect of identical goods. The opponent also claimed use of their mark for some ten years but this use was not well proved or specific and the Hearing Officer was unable to conclude that the opponent had an enhanced reputation in their mark.

Under Section 5(2)(b) it was common ground that identical goods were at issue. Also the applicant admitted that ECO SOLDER was descriptive in relation to environmentally friendly solder products whereas the opponent’s mark ECOSOL was an invented word. The Hearing Officer concluded that the respective marks were not confusingly similar nor were they likely to be associated as the corporate name of the applicant was included in the mark. The opponent thus failed in their opposition.

Full decision O/329/03 43Kb