For the whole decision click here: o11800
Result
Section 5(2)(b) - Opposition unsuccessful
Points Of Interest
Summary
Opposition based on opponent's registration in Class 25 of a mark comprising the word FREE, as the prominent feature, and a device element described by the Hearing Officer as half of a maple leaf, though not very distinctive. As for the mark in suit, the stylised letters could be seen, in the Hearing Officer's view, as if formed from ice crystals or as if they were mutating, thereby conveying a "freakish" imagery consistent with the applicant's contention that their mark represented a mis-spelling of the word FREAKS, whereas the opponent's mark alluded to freedom and liberty. Given this distinction and the visual and phonetic differences, and the minuscule sales under the opponent's mark, the Hearing Officer saw no risk of confusion , notwithstanding similar specifications of goods. The opposition therefore failed.