Trade mark decision

BL Number

O/435/02

Decision date

25 October 2002

Hearing Officer

Mr J MacGillivray

Mark

T.CO

Classes

16, 25, 41, 42

Applicant

Bourne Leisure Limited

Opponent

Deutsche Telekom AG

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed.

Points Of Interest

• None

Summary

The opposition was based on various registrations of marks comprising the letter T and a device of squares.

The Hearing Officer did not consider that the evidence justified any claim to enhanced distinctiveness by reason of reputation, neither did he accept the opponents claim to a family of marks. Also, he rejected the applicants submissions relating to the state of the register.

Comparing the goods, the Hearing Officer found that same and similar goods were involved. Comparing the marks however he found differences such that no likelihood of confusion would arise. The opposition failed accordingly.

Full decision O/435/02 55Kb