Trade mark decision

BL Number

O/231/02

Decision date

6 June 2002

Hearing officer

Mr M Foley

Mark

K2

Classes

18, 25, 28

Applicants

K2 Ski Sport + MODE GmbH

Opponents

C & J Clark International Limited

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition partially successful

Points Of Interest

• 1. Comparison of the marks: K v K2

Summary

The opponents’ mark consisted of the single letter K, registered in various registrations in Classes 18 and 25. The opponents did not object to the application in Class 28. The Hearing Officer concluded that same or similar goods were involved in the other classes; however, after comparing the marks the Hearing Officer came to the view that there was no likelihood of confusion and the Section 5(2)(b) objection failed accordingly.

Under Section 5(4)(a), however, the Hearing Officer noted that the opponents’ actual use of their mark had been in conjunction with prefixes and suffixes such as K MIDDIES, K SKIPS, K CDX, K PLUS, BIG K, etc and misrepresentation could result, in respect of footwear. He therefore allowed the application to proceed subject to a reduction in the Class 25 specification.

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