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 PDF document86Kb