Trade mark decision

BL Number

O/355/02

Decision date

27 August 2002

Hearing Officer

Mr J MacGillivray

Mark

THE 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. See BL O/354/02

Summary

This was one of three related cases involving the same parties and heard on the same day (see BL O/353/02 and BL O/354/02). 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 reached the same 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 therefore in respect of the Class 35 specification.

The Hearing Officer’s other findings were the same as in the other related cases, BL O/353/02 and BL O/354/02, q.v.

Full decision O/355/02 53Kb