Trade mark decision

BL Number

O/473/02

Decision date

22 November 2002

Hearing Officer

Mr D Landau

Mark

EASYROOMS

Classes

36, 38, 39, 42

Applicant

Easyrooms Limited

Opponent

EasyGroup IP Licensing Limited

Opposition

Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful, conditional upon Registration of EASYHOTEL.

Section 5(3) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

• 1. Family of marks.
• 2. 'State of the register' evidence.
• 3. Comparison of the marks EASYHOTEL v EASYROOMS.

Summary

This was one of two closely related actions (the other being an invalidation action) concerning the same parties and substantially the same issues (see BL O/474/02). The opposition was based on a large number of EASY marks (eg EASYJET, EASYTRAIN, EASYBUS, EASYTRAK, EASYWEB etc etc). Despite this the Hearing Officer did not consider that the opponents had made good their claims regarding a 'family of trade marks' and could not rely on them for the purposes of Section 5. Moreover, there was nothing to indicate that at the relevant date all the 'EASY' marks were in common ownership. Equally, the 'state of the register' evidence and the evidence relating to company names, filed by the applicants, was of no assistance either.

Under Section 5(2)(b) the Hearing Officer found a likelihood of confusion in the case of one of the opponents’ marks, ie EASY HOTEL. However, this was not yet a registration, and might yet be registered for services that were similar to those in the application. In relation to the EASYJET mark, the Hearing Officer found no similarity in the services and hence no likelihood of confusion. He also dismissed the objections under Sections 5(3) and 5(4)(a).

The opposition under Section 5(2)(b) succeeded, in respect of the opponents’ mark EASYHOTEL, subject to its eventual registration. A final decision would therefore have to wait upon that outcome.

Full decision O/473/02 1.5Mb