Trade mark decision

BL Number

O/353/07

Decision date

4 December 2007

Hearing Officer

Mr C Bowen

Mark

THE ENGLISH TEAM & device of a tick (Series of 4)

Classes

14, 16, 18, 21, 24, 25, 26, 28, 30

Applicants

The England Team Limited

Opponents

Grotto S.p.A.

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• Costs in proceedings before the Registrar; address for service.

Summary

The opposition was based on CTM registrations of the opponents’ ‘tick’ device bearing the words ‘GAS’ and, in some versions ‘BLUE JEANS, GAS’. These were registered in respect of goods which, it was agreed, were identical with those specified in the application. The Hearing Officer found no oral or conceptual similarity in the marks and only a very minimal degree of visual similarity.

Overall, he found no likelihood of confusion and the opposition failed accordingly.

Full decision O/353/07 127Kb