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United Kingdom Intellectual Property Office Decisions
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BRILLIANCE (Trade Mark: Opposition) [2008] UKIntelP o02308 (29 January 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o02308.html
Cite as:
[2008] UKIntelP o02308,
[2008] UKIntelP o2308
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BRILLIANCE (Trade Mark: Opposition) [2008] UKIntelP o02308 (29 January 2008)
For the whole decision click here: o02308
Trade mark decision
- BL Number
- O/023/08
- Decision date
- 29 January 2008
- Hearing officer
- Ms A Michaels
- Mark
- BRILLIANCE
- Classes
- 09, 10
- Applicants/Respondents
- Koninklijke Philips electronics NV
- Opponents/Appellants
- Belden Technologies Inc
- Opposition
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.
Result
Appeal dismissed
Points Of Interest
Summary
At first instance (see BL O/223/07) the Hearing Officer had found in favour of the applicants. The opponents appealed to the Appointed Person, claiming inter alia that the Hearing Officer’s assessment had failed to take account of the full range of the respective specifications, also he had failed to give due weight to the identicality of the marks. Having reviewed the matter, however, the Appointed Person could not agree that the Hearing Officer’s decision was wrong, although she did agree that his decision might usefully have considered the various categories of goods separately. The appeal failed.