Trade mark decision

BL Number
O/581/01
Decision date
20 December 2001
Hearing Officer
Mr M Knight
Mark
DEVICE ONLY MARK
Classes
09, 16, 28, 29, 41
Applicants
Global Vision Network (GVN) Ltd
Opponents
Percy Dalton (Holdings) Ltd
Opposition
Sections 3(6) & 5(2)(b)

Result

Section 3(6) - Opposition failed.

Section 5(2)(b) - Opposition failed.

Points Of Interest

  • 1. Comparison of the device marks

Summary

The opponents confined their attack to the goods in Class 29, claiming that the mark applied for was confusingly similar to their own trade mark registered in that Class, the device of an animated peanut character. They also alleged that the applicants had no bona fide intention to use the mark over the full range of the goods specified.

The Hearing Officer dismissed the Section 3(6) ground as no evidence had been filed in support of it. The fact that no licensing agreements had yet been made did not indicate a lack of intention to use the mark.

The Hearing Officer went on to consider the objection under Section 5(2)(b). Identical goods being in issue, the matter came down to a comparison of the marks. In this, the Hearing Officer concentrated on the visual aspects since aural and conceptual aspects could have little part to play. Taking all the factors into account, however, he came to the conclusion that confusion was not likely. The objection failed accordingly.

Full decision O/581/01 PDF document64Kb