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United Kingdom Intellectual Property Office Decisions
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ELEMENTZ @ BRANTANO (stylised device) (Trade Mark: Opposition) [2008] UKIntelP o28908 (22 October 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o28908.html
Cite as:
[2008] UKIntelP o28908
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ELEMENTZ @ BRANTANO (stylised device) (Trade Mark: Opposition) [2008] UKIntelP o28908 (22 October 2008)
For the whole decision click here: o28908
Trade mark decision
- BL Number
- O/289/08
- Decision date
- 22 October 2008
- Hearing officer
- Mrs A Corbett
- Mark
- ELEMENTZ @ BRANTANO (stylised & device)
- Classes
- 14, 18, 25
- Applicants
- Brantano NV
- Opponent
- Antonio Riera Farre
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful.
Points Of Interest
-
1. Translation of evidence filed in a foreign language.
-
2. Comparison of the marks ELEMENTS (stylised & device) v ELEMENTZ @ BRANTANO (stylised and device).
Summary
The opposition was based on the mark CTM E ELEMENTS (stylised and device), and was directed at the Class 25 specification only.
The Hearing Officer found the respective goods identical and or similar; and after a comparison of the marks and on a global assessment she found a likelihood of confusion. The opposition succeeded accordingly.