Trade mark decision

BL Number
O/409/01
Decision date
18 September 2001
Hearing Officer
Mr D Landau
Mark
TG DARLINGTON THE GALLERY
Classes
21
Applicant
Dartington Crystal Limited
Opponents
The Edinburgh Crystal Glass Company Limited
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • None

Summary

The opposition was based on the opponents' mark which consisted of the letter 'g' and the word 'gallery'. Comparing these marks the Hearing Officer concluded that the presence of the word 'gallery' in both of them would not give rise to a likelihood of confusion. The Section 5(2)(b) objection therefore failed. This, together with the fact that the opponents had failed to show that at the relevant date they had established goodwill in the mark meant that the Section 5(4)(a) objection therefore failed also.

Full decision O/409/01 PDF document57Kb