For the whole decision click here: o32901
Result
Section 5(2)(b): - Opposition successful.
Section 5(3): - No formal finding.
Section 5(4)(a): - No formal finding.
Points Of Interest
Summary
The opposition was based on the opponents’ use and registration of their mark DIALOGUE, registered in Class 35 in respect of advertising services, public relations services, promotional services and marketing; all relating to advertising. The application was sought in respect of:-
“Professional consultancy, advisory design and creative writing services, all relating to external corporate communications, internal corporate communications, relationship marketing, corporate culture change communications; trade mark and slogan creation and design services”.
The Hearing Officer accepted that the services at issue were likely to be selected after due consideration and by knowledgeable persons, but he concluded that the marks were so similar and the services so close that there remained a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly and the Hearing Officer made no finding under Sections 5(3) or 5(4).