Trade mark decision

BL Number

O/283/01

Decision date

29 June 2001

Hearing officer

Mr S P Rowan

Mark

DIGIT

Classes

16

Applicant

IDG Communications Limited

Opponent

Deutsche Telekom AG

Opposition

Sections 5(1); 5(2)(a) & 5(2)(b)

Result

Section 5(1) - Opposition failed

Section 5(2)(a) - Opposition failed

Section 5(2)(b) - Opposition successful

Points Of Interest

• 1. Notional and fair use could include use in lower case, upper case or a combination of the two.
• 2. Identicality of marks.

Summary

The opposition was based on the opponents’ registrations of their mark "digits". The Hearing Officer found that the marks were not identical and therefore considered the matter under Section 5(2)(b); under which he found a likelihood of confusion and the opposition succeeded accordingly.

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