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 >>
OPTITEC (Trade Mark: Opposition) [2004] UKIntelP o11604 (27 April 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o11604.html
Cite as:
[2004] UKIntelP o11604
[
New search]
[
Printable PDF version]
[
Help]
OPTITEC (Trade Mark: Opposition) [2004] UKIntelP o11604 (27 April 2004)
For the whole decision click here: o11604
Trade mark decision
- BL Number
- O/116/04
- Decision date
- 27 April 2004
- Hearing officer
- Mr J MacGillivray
- Mark
- OPTITEC
- Classes
- 09, 19, 21
- Applicant
- Pilkington Plc
- Opponent
- Optiroc Group AB
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed.
Points Of Interest
Summary
The opponent’s opposition was based on their ownership of a number of registrations consisting of or incorporating the mark OPTIROC in particular in Class 19 in respect of identical goods as those of the applicant.
Under Section 5(2)(b) the only matter for consideration by the Hearing Officer was a comparison of the respective marks OPTITEC and OPTIROC. In his consideration the Hearing Officer noted that the opponent’s mark OPTIROC was a distinctive mark deserving of a good penumbra of protection. However, evidence filed by the applicant indicated that the opponent did not possess a monopoly of marks with the prefix OPTI.
Despite the fact that the respective marks shared the first four letters OPTI and the final letter ‘c’ the Hearing Officer considered that comparing the marks in their totality, the suffixes TEC and ROC would be apparent to users. He thus considered the marks to be visually, phonetically and conceptually different. Overall he did not think there was a likelihood of confusion. Opposition thus failed.