The opposition was based on two Community Trade Mark registrations in Classes 22, 24 and 25 of the marks ESCORPION and ES de ESCORPION.
Whilst these marks did not enjoy a significant reputation in the UK they were inherently highly distinctive in relation to the goods and were deserving of a wide penumbra of protection, said the Hearing Officer, and it was obvious that the respective specifications included identical and closely similar goods.
The Hearing Officer went on to make a detailed comparison of the marks, following which, and on a global appreciation, he found no likelihood of confusion.
The opposition failed accordingly.
Judges:
Mr J MacGillivray
Citations:
[2005] UKIntelP o07105
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 24 October 2022; Ref: scu.456258