Trade mark decision
- BL Number
- O/411/01
- Decision date
- 17 September 2001
- Appointed Person
- Professor Ruth Annand
- Mark
- DEVICE ONLY MARK
- Classes
- 29, 30
- Applicant
- The Infamous Nut Company Ltd
- Opponent
- Percy Dalton (Holdings) Ltd
- Opposition
- Sections 3(6) & 5(2)
Result
Section 5(2)(b): - Opposition failed.
Section 3(6): - Opposition failed.
Points Of Interest
- 1. This was an appeal from the Hearing Officer’s decision dated 18 October 2000. (O/381/00).
Summary
The Appointed Person reviewed the evidence filed in the proceedings and the Hearing Officer’s decision dated 18 October 2000. Under Section 5(2)(b) the Appointed Person followed the Hearing Officer’s lead in stating that the opponents best case rested on their mark MONKIES and device of a monkey and went on to conclude that there was no likelihood of confusion between the respective marks.
With regard to the Section 3(6) ground, the Appointed Person described the opponents evidence as purely circumstantial and insufficient to justify the claims made.
Full decision O/411/01 
735Kb
