Trade mark decision

BL Number
O/500/01
Decision date
8 November 2001
Hearing Officer
Mr S P Rowan
Mark
HEADRUSH CLOTHING
Classes
25
Applicant
Stephen Iles
Opponent
Head Sport AG
Opposition
Section 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition partially successful

Section 5(4)(a) - Opposition partially successful

Points Of Interest

  • None.

Summary

The opponents owned registrations for the mark HEAD and claimed extensive use of the mark in relation to clothing. The Hearing Officer considered the evidence filed to support such claims and decided that the opponents had an enhanced reputation in relation only to ski and tennis clothing.

Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue and went on to compare the respective marks HEAD and HEADRUSH CLOTHING and device. Based on normal and fair use of both marks the Hearing Officer decided that there was little likelihood of confusion between the two marks. However, taking the opponents enhanced reputation into account in relation to ski and tennis clothing, he considered that there was a likelihood of confusion between the respective marks in relation to such goods. The Hearing Officer therefore proposed that the applicant restrict his specification by excluding from his specification "clothing for use in skiing and tennis" in order to avoid the conflict.

With regard to the ground under Section 5(4)(a) - Passing Off - the Hearing Officer decided that he would reach the same decision as under Section 5(2)(b).

Full decision O/500/01 PDF document36Kb