Trade mark decision
- BL Number
- O/403/99
- Decision date
- 15 November 1999
- Hearing Officer
- Mr M Knight
- Mark
- GLOBE-DIAL
- Classes
- 09
- Applicants
- Primus Telecommunications Inc
- Opponents
- France Telecom
- Opposition
- Sections 3(1)(a), 3(1)(b) and 3(1)(c), Section 5(2)(b)
Result
Section 3(1)(a), (b) & (c) - not pursued
Section 5(2)(b) - opposition failed. Marks not similar
Points Of Interest
- 1. It may be possible to take note of similar marks on the Register even through there is no evidence to say what is happening in the marketplace.
Summary
The opponents have a prior registration for the mark GLOBO and claimed to have used it on a substantial scale. No evidence filed to support claim that the mark applied for is not capable of distinguishing. The Hearing Officer concluded that while the goods at issue are the same or similar the marks are not confusingly similar. Hearing Officer took note of the fact that there are a large number of GLOBE marks on the Register in relation to the goods at issue in this case.
Full decision O/403/99 
27Kb
