Trade mark decision
- BL Number
- Decision date
- 29 September 2004
- Hearing Officer
- Mr J MacGillivray
- OZARK TRIAL
- Wal-Mart Stores Inc
- Ozark - London Limited
- Sections 3(6); 5(2)(b) & 5(4)(a)
Section 3(6) - Opposition failed
Section 5(2)(b) - Opposition partially successful
Section 5(4)(a) - Opposition partially successful
Points Of Interest
- 1. Comparison of the goods: ‘furniture’ same as 'furniture specially adapted for camping'.
- 2. Comparison of the marks OZARK v OZARK TRAIL
The opposition was based on the opponent's marks OZARK and OZARK with device of a wild boar. The Hearing Officer considered the matter first under Section 5(2)(b), which was not directed against the goods in Classes 4, 6, 9 or 17, and which in Class 22 was directed solely against "hammocks and tents". It was conceded that the evidence of use did not justify a wider penumbra of protection.
After a detailed consideration of the goods in issue the Hearing Officer found a number to be closely similar and others to be similar.
There was similarity in the marks, and on a global appreciation there was a likelihood of confusion where the marks were to be used on certain goods. The opposition under Section 5(2)(b) succeeded in respect of those goods.
The opponent's case under Section 5(4)(a) was no stronger than that under Section 5(2)(b). The evidence did not support the allegation of bad faith and the opposition on this ground failed accordingly.
Full decision O/299/04 73Kb