Trade mark decision

BL Number

O/278/03

Decision date

11 September 2003

Hearing officer

Mr M Knight

Mark

AJLAN

Classes

24, 25

Applicant

Mohammed S Al Ajlan Sons Company

Opponent

Ajlan Bin Abdulaziz Al -Ajlan & Bros Company

Opposition

Sections 5(2)(b) & 5(4)(a)* (*other grounds were cited but not pursued)

Result

Section 5(2)(b) - Opposition successful in the case of one application, and unsuccessful in the case of the other two.

Section 5(4)(a) - Opposition failed in total.

Points Of Interest

• 1. "…. The United Kingdom Trade Marks Registry must sensibly and for the benefit of the applicants for registration have the ability to take account of events which post date an application date."

Summary

Two of the opponents' three applications cited by the opponents as grounds for their opposition had since been withdrawn. They wished, however, to rely upon them. The Hearing Officer rejected this and confined his consideration of the matter to the opponents’ remaining application No 2055236.

Turning to consider the matter under Section 5(2)(b), the Hearing Officer found identicality in respect of the Class 25 goods, and similarity in Class 24.

In respect of one application, however, the marks were different such that no likelihood of confusion arose.

Likewise, in respect of the second application, the differences were sufficient to convince the Hearing Officer that there was no likelihood of confusion.

In the third case, however, both marks contained the words AL AJLAN, in English and therefore, taking into account the identicality and similarity of the respective goods, the opposition succeeded.

The Hearing Officer briefly considered the Section 5(4)(a) ground and dismissed it in the light of the inadequate evidence.