Trade mark decision

BL Number

O/063/02

Decision date

8 February 2002

Hearing officer

Mr J MacGillivray

Mark

DATACOLOUR IMAGING

Classes

42

Applicant

Gary Burnett

Opponents

Datacolor AG

Opposition

Section 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful

Section 5(4)(a) - No formal finding

Points Of Interest

• Whilst ‘evidence filed in cases before the Registrar should be proportionate to the costs involved in’ what is essentially a lower cost option for dispute resolution’, a claim to extended protection must be fully demonstrated.

Summary

The opposition was based on the opponents’ registrations and use of their marks DATACOLOR INTERNATIONAL and device registered in Classes 9 and 16. Dealing with the matter first under Section 5(2)(b), the Hearing Officer compared the marks (on the basis of their inherent characteristics, since the opponents’ evidence did not support a claim to enhanced distinctive character) and concluded that they were visually, aurally and conceptually similar. He went on to find the respective goods and services similar also. The opposition succeeded under Section 5(2)(b) therefore, and there was no need to make a finding under the other ground cited.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o06302.html