Trade mark decision

BL Number
O/337/07
Decision date
13 November 2007
Hearing Officer
Mr D Landau
Mark
EQUINOX
Classes
16, 41
Registered Proprietor
Equinox Publishing (Asia) Pte Ltd
Applicants for declaration of Invalidity
Equinox Publishing Limited
Application for Invalidation
Section 47(1) (citing Section 45(2)(b))

Result

Application for invalidation, Section 47(1) (citing Section 5(2)(b)) successful for the most part.

Points Of Interest

  • Comparison of the goods/services.

Summary

The application was based on the applicant’s CTM, EQUINOXE VIAGGI, registered in Classes 35, 39, 41& 43. The Hearing Officer found the marks to be ‘highly similar’ and proceeded to a comparison of the goods/services. Some of these he found to be identical or similar and the application succeeded in respect of these.

Full decision O/337/07 PDF document103Kb