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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WHITE -LUX (Trade Mark: Opposition) [1999] UKIntelP o26399 (3 August 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o26399.html
Cite as: [1999] UKIntelP o26399
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WHITE-LUX (Trade Mark: Opposition) [1999] UKIntelP o26399 (3 August 1999)
For the whole decision click here: o26399
Trade mark decision
- BL Number
- O/263/99
- Decision date
- 3 August 1999
- Hearing officer
- Mr G Salthouse
- Mark
- WHITE-LUX
- Classes
- 11
- Applicants
- Advanced Lighting Technologies Inc
- Opponents
- Flowil International Lighting (Holding) B.V.
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- 1. None
Summary
Opposition based on opponent’s use and registration in Class 11 of the trade mark BRITELUX. The Hearing Officer proceeded on the assumption that the respective marks covered identical goods (notably metal halide electric lamps). Applying the usual tests, he found that the average consumer was unlikely to so mispronounce the marks as to cause aural confusion, and that they conveyed a significantly different visual impression (with the hyphen in the mark in suit playing a part). Moreover, while acknowledging some conceptual similarity he took the view that BRITELUX signified brightness while the mark in suit signified purity.
In the absence of any evidence of actual confusion, or of reputation, and since it appeared to him that both marks were low in distinctive character, he therefore proceeded to dismiss this opposition.