Trade mark decision
- BL Number
- O/511/02
- Decision date
- 12 December 2002
- Hearing Officer
- Mr D Landau
- Mark
- ALLIGATOR
- Classes
- 09, 16, 41
- Applicant
- Alligator Books Limited
- Opponent
- La Chemise Lacoste
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- The comparison of ALLIGATOR/CROCODILE device marks.
Summary
The opposition was based on various registrations of the device of an alligator or crocodile with or without the word LACOSTE. After an extensive review of the evidence the Hearing Officer concluded that the opponents had not established a reputation; they had not established that the crocodile emblem was a sign associated with the goodwill of the business. The Section 5(3) objection therefore failed. This effectively decided the matter under Section 5(4)(a) also.
Under Section 5(2)(b) the Hearing Officer first established that the goods and services were either identical with or highly similar to the goods of the opponents.
The marks, he found, were similar.
In consequence he found a likelihood of confusion in respect of all the goods and services of the application.
Full decision O/511/02 
126Kb
