Trade mark decision

BL Number
O/571/01
Decision date
19 December 2001
Hearing Officer
Dr W J Trott
Mark
PLAST X
Classes
01, 02, 03
Applicant
W David & Sons Limited t/a U-POL
Opponent
Akzo Nobel Coating International BV
Opposition
Sections 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

  • Comparison of the marks:PLAST 'X' not confusable with PLASTOFLEX.

Summary

The opposition was based on the opponents' registration of their mark PLASTOFLEX in Class 2. The Hearing Officer, however, found no likelihood of confusion between these marks. He also took account of 'additional factors' which were not determinative of themselves but reinforced his conclusion. These were:- there was no instances of actual confusion; the goods in the applicants' specification were not "apparently sold to the public at large", but to wholesale distributors.

Full decision O/571/01 PDF document11Kb