Trade mark decision

BL Number

O/040/00

Decision date

14 February 2000

Hearing officer

Mr M Knight

Mark

ABERCROMBIE & FITCH

Classes

25, 42

Applicants

A & F Trade Mark Inc

Opponents

J & J Crombie Ltd

Opposition

Sections 3(1)(a); 3(1)(b); 3(3)(b); 3(6); 5(2)(b) & 5(4)(a)

Result

Opposition failed on all grounds

Points Of Interest

• 1. The opponents appealed to the Appointed Person. In his decision dated 21 March 2001 (BL O/151/01) the Appointed Person upheld the Hearing Officer’s decision.
• 2. See also decision dated 14 February 2000 (BL O/041/00) where the Hearing Officer decided that the mark ABERCROMBIE (being a surname) was not acceptable for registration under the Trade Marks Act 1938 (as amended).
• Application of the Registry's practice in relation to surnames.

Summary

The Section 3(3)(b) and 3(6) grounds were dismissed by the Hearing Officer, as no evidence in support of them was put forward. Reviewing the law and practice in relation to surnames the Hearing Officer concluded that the marks applied for were not barred by the provisions of Sections 3(1)(a) and 3(1)(b). Under Section 5(2)(b) the Hearing Officer concluded that the marks were so dissimilar as to rule out the possibility of confusion on the public. In the light of this finding the Hearing Officer went on to conclude that use of the marks would not result in any misrepresentation and hence the opposition under Section 5(4)(a) did not succeed.

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