Trade mark decision

BL Number
O/457/01
Decision date
17 October 2001
Hearing Officer
Mr D Landau
Mark
THAI ELEPHANT
Classes
42
Applicant
Wing Chung
Opponents
NV Toprank Corporation
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • Comparison of the marks BLUE ELEPHANT and device v THAI ELEPHANT

Summary

The opposition was based on the opponents’ mark BLUE ELEPHANT and the device of an elephant. The Hearing Officer found that the opponents had not established that their mark enjoyed reputation, recognition or goodwill. He went on to find that in respect of one of the opponents’ registrations identical services were involved. Comparing the marks, however, he found that they were not similar, and there was no likelihood of confusion. The Section 5(2)(b) objection therefore failed. In view of the lack of a proven reputation in the opponents’ marks the Section 5(3) objection failed also, as did the objection based on Section 5(4)(a). A Section 3(6) objection was dismissed as no evidence in support of it had been put forward.

Full decision O/457/01 PDF document37Kb