Trade mark decision
- BL Number
- Decision date
- 30 November 2004
- Hearing Officer
- Mr M Foley
- TOP LOCK SILENT
- Hornitex-Werke Gebr Künnemeyer GmbH & Co KG
- Weyerheuser Company
- 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: SILENT FLOOR v TOP LOCK SILENT & device.
The opposition was based on two Community Trade Mark registrations of the marks SILENT FLOOR and THE SILENT FLOOR, in Class 19. Having reviewed both the marks and the goods covered the Hearing Officer concluded, on a global assessment; that whilst there were some similarities these were more than outweighed by the differences; there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.
The opponents had established their claim to the requisite reputation, but the Hearing Officer’s findings in respect of the similarity of the marks, meant that there would be no misrepresentation and hence no damage. The opposition under Section 5(4)(a) failed also, therefore.
Full decision O/351/04 72Kb