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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ICE TITANIUM (Trade Mark: Opposition) [2001] UKIntelP o45801 (17 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45801.html
Cite as: [2001] UKIntelP o45801

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ICE TITANIUM (Trade Mark: Opposition) [2001] UKIntelP o45801 (17 October 2001)

For the whole decision click here: o45801

Trade mark decision

BL Number
O/458/01
Decision date
17 October 2001
Hearing officer
Mr D Landau
Mark
ICE TITANIUM
Classes
09
Applicant
Dolland & Atchison Limited
Opponent
Gilmar SPA
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

Summary

The opponents opposition was based on their ownership of a registration in Class 9 for the mark ICEBERG in respect of identical and similar goods.

The Hearing Officer thus compared the respective marks ICEBERG and ICE.TITANIUM. In so doing he noted that the word TITANIUM would be likely to be seen as a descriptor in relation to spectacle frames made of titanium and thus the real comparison would be between ICE and ICEBERG. Even on this limited basis the Hearing Officer concluded that the respective marks were different visually, aurally and conceptually and that there was no likelihood of confusion.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45801.html