For the whole decision click here: o03704
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
Summary
The opposition was based on two Community Trade Mark registrations and two UK registrations of the mark L.L. BEAN in Classes 18, 20, 25 and 28.
The Hearing Officer noted that identical goods were involved ("a point sensibly conceded by the applicants") and proceeded to a comparison of the marks. After noting the differences and similarities in the marks and having made a global appreciation the Hearing Officer concluded that the goods being identical and the respective marks being similar conceptually, visually and aurally "in that the common element (BEAN) would suffice to lead the public to believe that the goods emanated from the same undertaking", there existed a likelihood of confusion.
The opposition succeeded accordingly.