Trade mark decision

BL Number
Decision date
4 October 2001
Hearing Officer
Dr W J Trott
09, 28
G T Interactive Software (Europe) Ltd
Fashion Box SPA
Sections 5(2)(b); 5(3) & 5(4)(a)**other grounds were cited but these were dismissed by the Hearing Officer at the outset.


Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • None


The opposition was based on the opponents’ registrations of their mark REPLAY. The consideration under Section 5(2)(b) therefore came down to a comparison of the goods. The opponents had a Community Trade Mark application covering identical goods in Class 28, but this was dated later than the application in suit and thus was not an earlier trade mark. The goods covered by the opponents’ earlier marks were, in the view of the Hearing Officer, too dissimilar for any likelihood of confusion. Under Section 5(3) the Hearing Officer concluded that the opponents had not established a case, and under Section 5(4)(a) he found that the goodwill which the opponents had established was in clothing, and those were too dissimilar to the games and toys in the application.

Full decision O/437/01 PDF document44Kb