Trade mark decision

BL Number

O/150/98

Decision date

16 July 1998

Hearing Officer

Mr A James

Mark

POLACLIP

Classes

09

Applicants

Dolland & Aitchison Limited

Opponents

Polariod Corporation

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - opposition failed

Points Of Interest

• Survey evidence.

Summary

The opposition was based on the opponents' mark POLAROID, registered in respect of identical and similar goods. In comparing the marks, the Hearing Officer considered that it would not be safe for him to place any reliance on the survey evidence filed, since it had ‘a number of serious failings’.

Essentially, the opponents contention was that the public would see POLA as a shortened form of POLAROID, and CLIP as a reference to clip-on sunglasses. Thus, there would be an association as to origin in the main of the public.

The Hearing Officer, however, felt he could only accept this contention on the basis of clear evidence, which was lacking. The opposition under Section 5(2)(b) failed accordingly.

Full decision O/150/98 139Kb