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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ZENITH (Trade Mark: Opposition) [2007] UKIntelP o20307 (20 July 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o20307.html
Cite as: [2007] UKIntelP o20307
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ZENITH (Trade Mark: Opposition) [2007] UKIntelP o20307 (20 July 2007)
For the whole decision click here: o20307
Trade mark decision
- BL Number
- O/203/07
- Decision date
- 20 July 2007
- Hearing officer
- Mr M Foley
- Mark
- ZENITH
- Classes
- 09
- Applicants
- Continental Eyewear Limited
- Opponents
- Zenith International S.A.
- Opposition
- Sections 5(2)(a) & 5(3)
Result
Section 5(2)(a): Opposition failed. Section 5(3): Opposition failed.
Points Of Interest
- Comparison of goods; ‘fashion-accessory’ link, watches and sunglasses?
Summary
The opposition was based on the opponents’ registration of the identical mark ZENITH ;evidence of their use of the mark however, which they were required to show, was described by the Hearing Officer as ‘thin to say the least’ and did not establish use on any goods other than watches.
These, he found, were not similar to the sunglasses and spectacles in the applicants’ specification ,despite a claim that there was a ‘fashion-accessory’ link.
Overall, he found no likelihood of confusion and the S5(2)(a) ground failed accordingly.
Neither was the Hearing Officer convinced as to any claim of erosion or dilution and the Section 5(3) ground failed also.