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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ICE TITANIUM (Trade Mark: Opposition) [2001] UKIntelP o45801 (17 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45801.html
Cite as: [2001] UKIntelP o45801
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ICE TITANIUM (Trade Mark: Opposition) [2001] UKIntelP o45801 (17 October 2001)
For the whole decision click here: o45801
Trade mark decision
- BL Number
- O/458/01
- Decision date
- 17 October 2001
- Hearing officer
- Mr D Landau
- Mark
- ICE TITANIUM
- Classes
- 09
- Applicant
- Dolland & Atchison Limited
- Opponent
- Gilmar SPA
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
- None
Summary
The opponents opposition was based on their ownership of a registration in Class 9 for the mark ICEBERG in respect of identical and similar goods.
The Hearing Officer thus compared the respective marks ICEBERG and ICE.TITANIUM. In so doing he noted that the word TITANIUM would be likely to be seen as a descriptor in relation to spectacle frames made of titanium and thus the real comparison would be between ICE and ICEBERG. Even on this limited basis the Hearing Officer concluded that the respective marks were different visually, aurally and conceptually and that there was no likelihood of confusion.