Trade mark decision

BL Number

O/156/07

Decision date

4 June 2007

Hearing officer

Mr G Salthouse

Mark

SILVER SEVEN

Classes

25

Applicant

M.A.Y. Trading Ltd

Opponent

Seven S.P.A.

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful.

Points Of Interest

• Proof of use provisions not relevant in these opposition proceedings.

Summary

The opponent owns three registrations for the mark SEVEN in somewhat stylised format or set in a device background, all in respect of a range of goods in Class 25 and such goods are identical to the goods of the applicant.

In its evidence the applicant claimed that a large number of marks on the Trade Marks Register in respect of articles of clothing contain the word SEVEN and that, in any event, the mark SEVEN is not distinctive in that it is used as a size guide for items of clothing such as hats, gloves and belts.

The opponent in its evidence pointed out that for many items of clothing other words and numerals are used to indicate size.

As identical goods are at issue the Hearing Officer had only to compare the respective marks under Section 5(2)(b). In this comparison the Hearing Officer concluded that the similarities outweighed the differences and there was the possibility of the public viewing the word SILVER in the applicant’s mark as a colour. Opponent thus successful under Section 5(2)(b).

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