Trade mark decision

BL Number
O/347/02
Decision date
20 August 2002
Hearing Officer
Dr W J Trott
Mark
BO - BO's
Classes
24
Registered Proprietor
Zorbit Babycare Limited
Applicant for Declaration of Invalidity
Personality Quilts Limited
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b))

Result

Application for invalidation, Section 47(2)(a) (citing Section 5(2)(b)) failed.

Points Of Interest

  • 1. Comparison of the mark BEEBO(s) v Bo Bo's.
  • 2. Survey evidence.

Summary

The applicants for invalidation cited their own registration, BEEBO. The Hearing Officer, after discounting survey evidence as being "of little evidential value", decided that there was little likelihood of confusion, despite the fact that identical goods were involved. The application for invalidation failed accordingly.

Full decision O/347/02 PDF document246Kb