Trade mark decision

BL Number
O/517/01
Decision date
16 November 2001
Hearing Officer
Mr D Landau
Mark
VERIDATA
Classes
09
Applicant
Signum Technologies Limited
Opponent
Verifone Inc
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

  • 1. Family of marks
  • 2. State of the register

Summary

The opposition was based on the opponents’ mark Verifone and device, registered in the UK in Class 9 and the opponents’ Community Trade Mark registration of VERISMART in Classes 9, 16 and 42. Also, the Community Trade Mark registration VERISIGN in Classes 9, 36 and 42, was cited, though this was not owned by the opponents but by a company called VeriSign Inc. The Hearing Officer considered that identical goods were involved and went on to compare the marks. He did not accept that the marks cited constituted a 'family of marks' since the evidence did not show how they had been used, but he accepted that all three could provide grounds of opposition even the mark not owned by the opponents. After careful consideration, however, he came to the conclusion that a likelihood of confusion existed. The opposition succeeded accordingly.

Full decision O/517/01 PDF document41Kb