Trade mark decision

BL Number

O/365/01

Decision date

17 August 2001

Hearing Officer

Mr S P Rowan

Mark

DAISY & JACK

Classes

09, 16, 20, 25, 28

Applicant

Prue Theobalds Limited

Opponent

Daisy & Tom Limited

Opposition

Sections 3(6) & 5(2)(b)

Result

Section 3(6): - Opposition failed.

Section 5(2): - Opposition successful in great part.

Points Of Interest

• Bona fide intention to use.

Summary

The opponents’ mark consisted of the words DAISY & TOM together with the device of two children playing with a kite. It was common ground that the respective goods were in most cases identical or similar. Overall the Hearing Officer found a likelihood of confusion in all cases where the goods would be identical or similar. He proposed to refuse the application in all Classes other than Class 9, and here he proposed a reduction in the specification. The objection under Section 3(6), had two prongs i) a lack of a bona fide intention to use and ii) the applicants’ knowledge of the opponents’ rights in the mark DAISY & TOM. The Hearing Officer reviewed these matters at some length but rejected both objections.

Full decision O/365/01 61Kb