Trade mark decision
- BL Number
- O/415/02
- Decision date
- 14 October 2002
- Hearing Officer
- Mr G Salthouse
- Mark
- STORM
- Classes
- 09
- Applicant
- Joseph Yu
- Opponent
- Sun 99 Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Points Of Interest
- None
Summary
The opposition was based on the opponents’ own registrations of their mark STORM in Classes 9, 25 and 28.
Although the marks were identical the Hearing Officer considered that the differences in the goods were such that no likelihood of confusion would arise.
The opposition under Section 5(2)(b) failed accordingly.
The opponents had failed to provide evidence that it sold shoes or rubber jackets prior to the relevant date and had not shown that it enjoyed goodwill in its marks. The Section 5(4)(a) objection therefore failed also.
Full decision O/415/02 
30Kb
