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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> JADE DRAGON DEVICE (Trade Mark: Inter Partes) [2006] UKIntelP o23806 (18 August 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o23806.html Cite as: [2006] UKIntelP o23806 |
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For the whole decision click here: o23806
Result
Section 5(2)(b): Opposition successful. Section 5(4)(a): Not considered.
Points Of Interest
Summary
The opponent owned the mark GREEN DRAGON and device of a dragon, registered in respect of a range of foodstuffs in Classes 29 and 30. The opponent also filed evidence of use of its mark with sales in the period 1997-2002 ranging from £3m to £4.5. However, the supporting documentation was deficient in a number of respects as regards the lack of invoices, advertising expenditure and details of market share and the Hearing Officer was unable to find that the opponent’s mark had an enhanced reputation because of the use made of it. However, she considered it a mark of relatively high distinctive character.
The opponent also filed details of a small survey to show that the public would associate the word Jade with the colour green but the Hearing Officer was unable to give any weight to this evidence as she considered the survey had a number of flaws both as to the nature of the questions asked and the methods employed in carrying out the survey.
Under Section 5(2)(b) the Hearing Officer noted that identical and similar goods were at issue and went on to compare the respective marks. Both marks contained the word GREEN and devices of dragons and the Hearing Officer decided that the marks, compared as wholes, had some visual and aural similarity. Additionally because the word Jade also means the colour green the Hearing Officer considered the marks to be conceptionally similar particularly if both marks were presented in the colour green. She went on to find that overall thee was a likelihood of confusion and that opposition succeeded on this ground.
The Hearing Officer saw no need to consider the ground under Section 5(4)(a) in view of her finding under Section 5(2)(b).
