Trade mark decision

BL Number

O/433/01

Decision date

4 October 2001

Hearing Officer

Mr M Reynolds

Mark

BT FUTURETALK

Classes

09, 16, 35, 38, 41

Applicant

British Telecommunications Plc

Opponents

Orange Personal Communications Services Limited

Opposition

Section 3(1)(b); 3(1)(c); 5(2)(b) & 5(4)(a)

Result

Section 3(1)(b) - Opposition failed

Section 3(1)(c) - Opposition failed

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• Practice in two letter marks.

Summary

Under Section 3 the opponents objected to the mark as being merely a two letter combination BT joined to the word FUTURETALK. Reviewing the matter in the light of the evidence and current practice however, the Hearing Officer concluded that there was nothing in the combination objectionable under Section 3. The Section 5(2) objections, originally based on a number of "TALK" and "FUTURE" marks, were finally confined to the opponents' CTM registration "FUTUREWORKS". Overall, the Hearing Officer found no likelihood of confusion between these marks.

The Section 5(4)(a) objection, however, was based on the opponents' reputation in a number of marks containing the words FUTURE and TALK. The Hearing Officer decided, however, that even if "goodwill" was conceded there would be no 'misrepresentation' or 'damage'.

Full decision O/433/01 36Kb