Trade mark decision
- BL Number
- O/115/08
- Decision date
- 18 April 2008
- Hearing Officer
- Mr A James
- Mark
- ACAS
- Classes
- 34, 41, 42
- Applicants
- Advisory, Conciliation and Arbitration Service
- Opponents
- Association of Chartered Certified Accountants
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Comparison of the marks ACCA v ACAS
Summary
The opposition was brought on the basis of the opponents’ CTM ‘ACCA’ (stylised) registered in Classes 35 & 41. The Hearing Officer’s finding were:- that the marks were ‘conceptually neutral’; that the average consumer would exercise a ‘relatively high degree of care and attention …..”; overall, there was no likelihood of confusion. Although the opponents’ case under Section 5(4)(a) was ‘slightly stronger’ the finding in relation to likelihood of confusion effectively decided this aspect also. The opposition failed accordingly.
Full decision O/115/08 86Kb