Trade mark decision

BL Number
O/353/03
Decision date
17 November 2003
Hearing Officer
Mr M Reynolds
Mark
MCKENSEY GOLF - AND FREEWARE
Classes
29, 30, 32
Applicant
C.I.T. Comercio Internacional Textil LDA
Opponent
Intersport International Corporation GmbH
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. Surnames; BULER trade mark [1966] RPC 141 still relevant.

Summary

This opposition to a request for protection of an international registration was based on the mark McKINLEY itself an international registration protected in the UK.

The goods were identical. Having compared the marks however, and after taking account of other relevant factors the Hearing Officer found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.

The Hearing Officer did not give full and separate consideration to the Section 5(4)(a) objection, beyond remarking that he could see no basis on which the opponents would succeed, having failed under Section 5(2)(b).

Full decision O/353/03 PDF document40Kb