Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INVU (Trade Mark: Opposition) [2001] UKIntelP o18001 (12 April 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o18001.html
Cite as: [2001] UKIntelP o18001
[New search] [Printable PDF version] [Help]
INVU (Trade Mark: Opposition) [2001] UKIntelP o18001 (12 April 2001)
For the whole decision click here: o18001
Trade mark decision
- BL Number
- O/180/01
- Decision date
- 12 April 2001
- Hearing officer
- Mr G Salthouse
- Mark
- INVU
- Classes
- 09
- Applicant
- Invu International Holdings Ltd
- Opponent
- France Cables et Radio
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- None
Summary
Opposition based on opponent's earlier (Community) registration of the mark INVOX for Class 9 et al. Having noted that the respective specifications covered identical goods (computer software), the Hearing Officer proceeded to compare the respective marks. Applying the usual case law, and even taking the word INVU as the dominant part of the mark in suit, he was not persuaded, given the visual and aural differences between the marks, that there was a realistic likelihood of confusion. The impact of the device elements of the mark in suit confirmed him in that view, as did the absence of a conceptual meaning for either mark, and the sophisticated nature of the goods in question. The opposition therefore failed.