Trade mark decision

BL Number

O/354/02

Decision date

27 August 2002

Hearing Officer

Mr J MacGillivray

Mark

SUN

Classes

35, 36

Applicants

News Group Newspapers Limited

Opponents

Sun Microsystems Inc

Opposition

Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3(6) - Opposition failed.

Section 5(2)(b) - Opposition partially successful.

Section 5(3) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

• 1. Comparison of the services in Class 35: "....... normal in trade for the providers of business management services to also be in the field of providing other business services eg business advice, consultancy, business support and business research."

Summary

This was one of three related actions involving the same parties and heard on the same day (see also BL O/353/02 and BL O/355/02). The opposition was based on a number of ‘SUN’ marks in the ownership of the opponents.

Under Section 5(2)(b) the Hearing Officer’s review was much the same as in BL O/353/02, q.v. and came to similar conclusions save that in respect of the Class 35 specification he considered that similar services were involved and a likelihood of confusion therefore existed.

The opposition under Section 5(2)(b) succeeded accordingly in respect of the Class 35 specification, but failed in respect of Class 36.

The Hearing Officer considered that the evidence, as in the related case, BL O/353/02, was insufficient to support an opposition under Section 5(3), or an action under passing off; neither did it support the allegation under Section 3(6).

Full decision O/354/02 53Kb