Trade mark decision

BL Number

O/005/08

Decision date

10 January 2008

Hearing officer

Mr M Reynolds

Mark

STORM

Classes

45

Applicants

Storm Model Management Limited

Opponents

Sun 99 Limited

Opposition

Sections 5(1), 5(2)(a) & 5(2)(b)

Result

Section 5(2)(a): Opposition failed.

Points Of Interest

• Comparison of the services:- design of (fashion) items v provision of fashion information.

Summary

The application was sought in respect of “provision of information relating to fashion”. The opposition was based on the mark “STORM”, registered in Class 42 in respect of design services relating to a range of items including such things as clothing and eyewear. The marks being identical the Hearing Officer determined that the matter fell to be decided under Section 5(2)(a) and he therefore turned to a comparison of the respective services. Evidence provided under the Proof of Use regulations decided him. that he should confine his comparison to the designing of clothing and eyewear offered by the opponents, with the fashion information services specified by the applicants. In these he found a “low degree of similarity only”. He noted the lack of detailed information on how the respective trades operated and eventually concluded that there was “insufficient basis for (him) to conclude that there (was) a likelihood of confusion”. The opposition therefore failed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o00508.html