Trade mark decision

BL Number

O/375/02

Decision date

17 September 2002

Hearing Officer

Mr J MacGillivray

Mark

FISHBONE

Classes

09

Applicants

Ademir Volic

Opponents

New Yorker S.H.K. Jeans GmbH

Opposition

Section 5(2)(b)* *Section 5(1) was also cited but the Hearing Officer decided that the marks at issue could not be viewed as actually identical.

Result

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

Points Of Interest

• None

Summary

The opposition was based on the opponents’ registrations of their mark FISHBONE and FISHBONE and device, in Class 9. Comparing the goods the Hearing Officer found that some of the goods were identical whilst with others (storage containers etc for CD’s or tapes) any similarity was ‘slight’.

However, having compared the marks the Hearing Officer concluded that there was a likelihood of confusion and the Section 5(23)(b) objection succeeded accordingly.

Full decision O/375/02 48Kb