Trade mark decision
- BL Number
- Decision date
- 23 January 2004
- Hearing Officer
- Mr D Landau
- BATTERSEA POWER STATION
- 35, 39, 41, 42
- Parkview International London Plc
- Power Station limited
- Sections 5(2)(b) & 5(4)(a)
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Comparison of the marks POWER STATION CAFE v BATTERSEA POWER STATION.
The opposition, which was directed at the Class 42 services alone, was based on a registration of POWER STATION CAFE in Class 42.
The Hearing Officer found the services to be the same or similar. Because of the "conceptual association" of the mark applied for, however, the Hearing Officer did not consider that "the respective trade marks (were) distinctively similar". The opposition under Section 5(2)(b) failed accordingly.
This effectively decided the matter under Section 5(4)(a), but even had it not, the evidence of reputation could not have supported a case under that Section, in the view of the Hearing Officer.
Full decision O/019/04 53Kb