Trade mark decision

BL Number

O/407/99

Decision date

18 November 1999

Hearing Officer

Mr G Salthouse

Mark

HOME SAFE

Classes

36

Applicants

AIG Europe (UK) Limited

Opponents

Ecclesiastical Insurance Office Plc

Opposition

Sections 3(3), 3(6) and 5(2)(b)

Result

Section 3(3) - Opposition failed

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition successful. Marks held to be confusingly similar

Points Of Interest

• None

Summary

Opponents opposition based on ownership and use of the mark HOME SECURE. They claimed that as SAFE and SECURE are synonymous with the same dictionary meanings the marks at issue are confusingly similar. The H/O decided that the grounds of opposition under 3(3) and 3(6) not made out and dismissed them. Under 5(2)(b) the H/O decided that the marks were not visually similar but they were so close phonetically that on the basis of imperfect recollection, confusion of the public could occur.

Full decision O/407/99 20Kb