For the whole decision click here: o36501
Result
Section 3(6): - Opposition failed.
Section 5(2): - Opposition successful in great part.
Points Of Interest
Summary
The opponents’ mark consisted of the words DAISY & TOM together with the device of two children playing with a kite. It was common ground that the respective goods were in most cases identical or similar. Overall the Hearing Officer found a likelihood of confusion in all cases where the goods would be identical or similar. He proposed to refuse the application in all Classes other than Class 9, and here he proposed a reduction in the specification. The objection under Section 3(6), had two prongs i) a lack of a bona fide intention to use and ii) the applicants’ knowledge of the opponents’ rights in the mark DAISY & TOM. The Hearing Officer reviewed these matters at some length but rejected both objections.