Trade mark decision

BL Number

O/366/02

Decision date

11 September 2002

Hearing Officer

Mr E S Smith

Mark

PERMAJET

Classes

16

Applicant

Nova Darkroom Equipment Ltd

Opponent

Clariant AG & Clariant UK Ltd

Opposition

Section 5(2)(b)

Result

Section 5(2)(a) - Opposition successful

Points Of Interest

• None

Summary

The applicants application in Class 16 included “stationery, paper and ink” whereas the opponents registration in Class 2, also for the mark PERMAJET, included within its specification “printing ink”.

The opponents filed some evidence of use, as did the applicants and both parties made written submissions, but the Hearing Officer found much of this material to be of little assistance.

Under Section 5(2)(b) the Hearing Officer noted that the respective marks were identical and went on to consider whether printing inks in Class 2 were similar to inks in Class 16. After applying the usual criteria in making this comparison the Hearing Officer considered that the respective inks were similar and thus the opponents were successful in their opposition.

The applicants application would be allowed to proceed if “inks” were deleted from the specification of goods.

Full decision O/366/02 28Kb