For the whole decision click here: o45900
Result
Section 3(1) - Opposition failed.
Section 3(6) - Opposition dismissed.
Section 5(2) - Opposition failed.
Section 5(3) - Opposition failed.
Points Of Interest
Summary
The opposition was founded principally in the opponents' registration of their mark IWC, in Class 14. Under Section 3(1) the Hearing Officer found that in the light of the Registrar’s practice in relation to letters and numerals, and in the absence of an explanation by the opponents, the opposition failed. The Section 3(6) ground appeared to the Hearing Officer to be a relative ground dressed up as an absolute ground; this too was dismissed. From a comparison of the marks, and the relevant factors, the Hearing Officer concluded that there was not a likelihood of confusion. The opposition under Section 5 failed accordingly.