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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EIRETEL (Trade Mark: Opposition) [2002] UKIntelP o23902 (10 June 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o23902.html
Cite as: [2002] UKIntelP o23902
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EIRETEL (Trade Mark: Opposition) [2002] UKIntelP o23902 (10 June 2002)
For the whole decision click here: o23902
Trade mark decision
- BL Number
- O/239/02
- Decision date
- 10 June 2002
- Hearing officer
- Mr M Reynolds
- Mark
- EIRETEL
- Classes
- 38
- Applicants
- Eiretel Limited
- Opponents
- Airtel Movil SA & Alianza Internacional De Redes Telefonicas SA
- Opposition
- Sections 3(1)(b); 3(1)(c) & 5(2)(b)
Result
Section 3(1)(b) - Opposition failed
Section 3(1)(c) - Opposition failed
Section 5(2)(b) - Opposition failed
Points Of Interest
- 1. Comparison of the marks EIRETEL & device v AIRTEL & device.
Summary
The opposition was based on the opponents’ own registrations of their marks AIRTEL and device, in Classes 9 and 38, and on their contention that EIRETEL simply meant Irish Telecommunications. Taking into account the device element, however, the Hearing Officer could find no objection to the mark under Section 3(1). Turning to the objection under Section 5(2)(b), the Hearing Officer noted that the services were identical, and the opponents’ mark possessed a “reasonably high degree of distinctive character”. Comparing the marks, however, and taking into account inter alia, that this was not a ‘bag of sweets’ case, the Hearing Officer found no likelihood of confusion.