Trade mark decision

BL Number
O/373/01
Decision date
23 August 2001
Hearing Officer
Mr M Reynolds
Mark
REAL
Classes
25
Applicant
Halfords Limited
Opponent
Real SB - Warenhaus Holding GmbH
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): - Opposition successful (provisionally).

Points Of Interest

  • The word ‘real’ was the dominant feature of the mark; colour and device differences notwithstanding.

Summary

The opposition was based on the opponents’ earlier CTM applications which, if registered, would be an ‘earlier trade mark’ by virtue of the provisions of Section 6(2); their mark consisted of the word REAL in lower case and a terminal device, a stylised letter ‘r’. The goods were identical and the matter therefore turned on the comparison of the marks. The Hearing Officer concluded that the matter came squarely within the CANON test and he felt able to distinguish this from the PLANET v PLANET NEW YORK and device case, q.v., on the basis of the different messages conveyed by the words in that case. He found a likelihood of confusion and therefore found for the opponents, provisionally, subject to their CTM application’s proceeding to registration.

Full decision O/373/01 PDF document25Kb