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 >> DATACOLOUR IMAGING (Trade Mark: Opposition) [2002] UKIntelP o06302 (8 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o06302.html
Cite as: [2002] UKIntelP o06302, [2002] UKIntelP o6302
[New search] [Printable PDF version] [Help]
DATACOLOUR IMAGING (Trade Mark: Opposition) [2002] UKIntelP o06302 (8 February 2002)
For the whole decision click here: o06302
Trade mark decision
- BL Number
- O/063/02
- Decision date
- 8 February 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- DATACOLOUR IMAGING
- Classes
- 42
- Applicant
- Gary Burnett
- Opponents
- Datacolor AG
- Opposition
- Section 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful
Section 5(4)(a) - No formal finding
Points Of Interest
- Whilst ‘evidence filed in cases before the Registrar should be proportionate to the costs involved in’ what is essentially a lower cost option for dispute resolution’, a claim to extended protection must be fully demonstrated.
Summary
The opposition was based on the opponents’ registrations and use of their marks DATACOLOR INTERNATIONAL and device registered in Classes 9 and 16. Dealing with the matter first under Section 5(2)(b), the Hearing Officer compared the marks (on the basis of their inherent characteristics, since the opponents’ evidence did not support a claim to enhanced distinctive character) and concluded that they were visually, aurally and conceptually similar. He went on to find the respective goods and services similar also. The opposition succeeded under Section 5(2)(b) therefore, and there was no need to make a finding under the other ground cited.