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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CARBONTIME (Trade Mark: Opposition) [2008] UKIntelP o11908 (24 April 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o11908.html
Cite as: [2008] UKIntelP o11908
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CARBONTIME (Trade Mark: Opposition) [2008] UKIntelP o11908 (24 April 2008)
For the whole decision click here: o11908
Trade mark decision
- BL Number
- O/119/08
- Decision date
- 24 April 2008
- Hearing officer
- Mr O Morris
- Mark
- CARBONTIME
- Classes
- 14
- Applicant
- Gideon Levingston
- Opponents
- Franck Muller Watchland SA
- Opposition
- Sections 5(2)(b); 5(3) & 56
Result
Section 5(2)(b): Opposition partially successful. Section 5(3): Opposition dismissed. Section 56: Opposition dismissed.
Points Of Interest
- Comparison of the marks KARBON & device v CARBONTIME
Summary
The opposition was based on the mark KARBON and device of stylised letter K, an International Registration. The Hearing Officer found differences in the relevant consumers and only a ‘slight or minimal’ degree of visual similarity in the marks. There was conceptual similarity in the marks. A detailed consideration of the respective specifications led the Hearing Officer to find a likelihood of confusion in respect of “precision timing instruments and their parts and fittings”. The other grounds of objection were dismissed. In view of the partial success of both parties the Hearing Officer made no award of costs.