Trade mark decision

BL Number

O/529/01

Decision date

28 November 2001

Hearing Officer

Mr G Rose'Meyer

Mark

TK PATROL

Classes

25

Applicant

Tony Knight

Opponent

Patrol Jeanswear Ltd

Opposition

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

Result

Section 5(2)(b) - Opposition successful

Section 5(3) - Opposition dismissed

Section 5(4)(a) - No formal finding

Points Of Interest

• 1. Comparison of the marks TK. PATROL v WORLD PATROL

Summary

The opposition was based on the opponents’ mark WORLD PATROL (another mark was cited but for the purposes of Section 5(2) it was not an “earlier trade mark” as defined in Section 6(1)). Under Section 5(2)(b) the Hearing Officer considered that the defining element in the marks was the word PATROL. Consequently, the addition of the other elements did not affect the matter. A likelihood of confusion existed and the opposition under Section 5(2)(b) succeeded. The other grounds were therefore considered only briefly.

Full decision O/529/01 37Kb