Trade mark decision

BL Number

O/344/07

Decision date

21 November 2007

Hearing Officer

Mr C Bowen

Mark

BRIGAND

Classes

05

Applicant

Pelger International Ltd

Opponent

FMC Corporation

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• None

Summary

The opponent’s opposition was based on its ownership of a registration for the mark BRIGADE in Class 5 in respect of identical and similar goods as those of the applicant.

Both parties filed evidence but this did little more than show that the two parties are engaged in different areas of the pesticides trade. It did not show an enhanced reputation for either mark.

Under Section 5(2)(b) the Hearing Officer noted that, as regards the respective specifications, identical goods were at issue. In comparing the respective marks BRIGAND and BRIGADE the Hearing Officer found that there was some visual and aural similarity but that there was no conceptual similarity. He went on to conclude that there was no likelihood of confusion, even in respect of identical goods, and that opposition failed on this ground.

Full decision O/344/07 79Kb