British
and Irish Legal Information Institute
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 >> DIAMONITE (Trade Mark: Opposition) [2003] UKIntelP o30303 (10 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o30303.html
Cite as: [2003] UKIntelP o30303
[New search] [Printable PDF version] [Help]
DIAMONITE (Trade Mark: Opposition) [2003] UKIntelP o30303 (10 October 2003)
For the whole decision click here: o30303
Trade mark decision
- BL Number
- O/303/03
- Decision date
- 10 October 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- DIAMONITE
- Classes
- 14
- Applicant
- Argos Limited
- Opponent
- Diamonique Corporation (New Jersey Corporation)
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. Comparison of the marks DIAMONIQUE v DIAMONITE
Summary
The opposition was based on use and registration of the mark DIAMONIQUE, in Class 14.
The goods being identical, the Hearing Officer turned to a comparison of the marks. Having compared them however he concluded that on a 'global appreciation, taking account of all the relevant factors' there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.
Under Section 5(4)(a) the Hearing Officer concluded that the absence of a likelihood of confusion meant that no misrepresentation would occur. The opposition under that Section failed therefore.