Trade mark decision

BL Number
O/563/01
Decision date
12 December 2001
Hearing Officer
Mr G Rose'Meyer
Mark
ASIA MILES
Classes
16, 39, 42
Applicant
Cathay Pacific Airways Limited
Opponent
Air Miles Travel Promotions Limited
Opposition
Section 5(2)(b)* *The opposition also cited Sections 3(6), 5(3) and 5(4)(a) but these were dismissed at the outset for lack of relevant evidence.

Result

Section 3(6) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

  • 1. Comparison of the marks ASIA MILES & device v AIR MILES; FERRY MILES (BL O/172/99) cites and followed.

Summary

The opposition was based on several registrations but it was agreed that their best case was founded on their registration of AIR MILES in Classes 16, 18, 25 & 35. The Hearing Officer did not find a likelihood of confusion; in particular he followed the findings of a Hearing Officer in relation to the words FERRY MILES in an earlier opposition. The Section 5(2)(b) objection failed accordingly

Full decision O/563/01 PDF document44Kb