Trade mark decision

BL Number

O/415/01

Decision date

25 September 2001

Hearing Officer

Mr A James

Mark

PENNY BLACK

Classes

18

Applicant

Mr & Mrs Aldridge

Opponents

Max Mara Fashion Group S.r.l.

Opposition

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

Result

Section 5(2)(b) - Opposition partially successful

Section 5(4)(a) - Opposition partially successful

Points Of Interest

• Comparison of the goods.

Summary

The opposition was based on the opponents' marks PENNYPLUS and PENNYBLACK. The Hearing Officer found no likelihood of confusion in the case of PENNYPLUS; the Section 5(2) ground failed in respect of that mark, therefore. In the case of the PENNYBLACK the Hearing Officer concluded that the Section 5(2) objection should succeed in respect of 'belts' and ‘wallets’ but fail in respect of travel bags, sports bags and bead bags’. Under Section 5(4)(a) the Hearing Officer found that the opponents had no better a case than they had under Section 5(2)(b).

Full decision O/415/01 42Kb