Trade mark decision

BL Number

O/351/04

Decision date

30 November 2004

Hearing Officer

Mr M Foley

Mark

TOP LOCK SILENT

Classes

19

Applicant

Hornitex-Werke Gebr Künnemeyer GmbH & Co KG

Opponent

Weyerheuser Company

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. Comparison of the marks: SILENT FLOOR v TOP LOCK SILENT & device.

Summary

The opposition was based on two Community Trade Mark registrations of the marks SILENT FLOOR and THE SILENT FLOOR, in Class 19. Having reviewed both the marks and the goods covered the Hearing Officer concluded, on a global assessment; that whilst there were some similarities these were more than outweighed by the differences; there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.

The opponents had established their claim to the requisite reputation, but the Hearing Officer’s findings in respect of the similarity of the marks, meant that there would be no misrepresentation and hence no damage. The opposition under Section 5(4)(a) failed also, therefore.

Full decision O/351/04 72Kb