Trade mark decision

BL Number

O/519/01

Decision date

22 November 2001

Hearing Officer

Mr G Salthouse

Mark

TOMMY CASUAL

Classes

25

Applicant

Bubbles

Opponent

Tommy Hilfiger Licensing Inc

Opposition

Sections 3(6); 5(2)(b); 5(3) & 5(4)

Result

Section 5(2)(b) - Opposition successful

Section 3(6) - No formal finding

Section 5(3) - No formal finding

Section 5(4) - No formal finding

Points Of Interest

• None

Summary

The opposition was based on a number of 'TOMMY' marks in the ownership of the opponents. The Hearing Officer found that most of these involved identical goods, and went on to compare the marks; (he noted that TOMMY SPORT & TOMMY JEANS provided the opponents' strongest case). He found likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly. He made no formal finding on the other grounds.

Full decision O/519/01 197Kb