Trade mark decision

BL Number

O/540/01

Decision date

3 December 2001

Hearing Officer

Mr M Foley

Mark

IXESSE

Classes

18, 25

Applicant

Dovedale Enterprises Limited

Opponent

Hostettler AG Sursee

Opposition

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

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of registrations for the marks IXS and IXS (stylised) in classes 18 and 25. They also filed use of their marks in relation mainly to leather goods and clothing for use in relation to motorcycling but the extent of that use was such that it was unlikely that the opponents had any reputation in their mark outside that specialised field.

Insofar as Section 5(2)(b) was concerned the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks IXS and IXESSE. The Hearing Officer found the respective marks to be different visually and also phonetically because he was of the opinion that the opponents marks would be pronounced as letters whereas the applicants mark would be pronounced as a word. Opposition failed on this ground.

Under Section 5(4)(a) - Passing Off - the Hearing Officer noted the opponents reputation in relation to motorcycling clothing and that even on the basis of the applicants exclusion of such goods from their specification he considered that closely similar goods could be at issue. However, in view of the differences in the respective marks he did not consider that there would be any deception of the public or damage to the opponents' business.

Full decision O/540/01 34Kb