Trade mark decision

BL Number

O/460/99

Decision date

30 December 1999

Hearing officer

Mr G Salthouse

Mark

RALEIGH INTERNATIONAL & DEVICE

Classes

16, 21, 25

Applicants

Raleigh International Trust

Opponents

Derby Holdings Ltd

Opposition

Sections 3(6) Section 5(2) and 5(4)

Result

Section 3(6) - Withdrawn at Hearing

Section 5(2) - Partially successful in respect of Class 25

Section 5(4) - Partially successful in respect of Classes 25 and 26

Points Of Interest

• The Hearing Officer’s decision was appealed to the Appointed Person. In his decision dated 14 July 2000 (SRIS O/253/00) the Appointed Person upheld the Hearing Officer’s decision. Reported [2001] RPC 11.

Summary

The opponents had an extensive reputation in the mark RALEIGH (also registrations); in respect of bicycles and a registration in Class 9 in respect of protective clothing and helmets for cyclists. They also claimed user in respect of other goods such as drink bottles, sunglasses, pumps, bags and cycle shirts but such evidence as was filed was undated. A claim relating to licensing suffered from the same defect.

Under Section 5(2) the Hearing Officer considered that the respective marks were confusingly similar but in relation to the applicants application he considered that the only goods in conflict was with the applicants Class 25 goods and then only in respect of "clothing for cyclists".

Under Section 5(4) the Hearing Officer made a similar finding in respect of Classes 25 and also in respect of "badges relating to cycling in Class 26".

Application allowed to proceed as filed subject to restrictions of the Class 25 and Class 26 applications as follows:

Class 25: Articles of clothing excluding clothing for cyclists

Class 26: Badges; cloth badges; button badges; excluding badges related to cycling