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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DIAMONITE (Trade Mark: Opposition) [2003] UKIntelP o30303 (10 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o30303.html
Cite as: [2003] UKIntelP o30303

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DIAMONITE (Trade Mark: Opposition) [2003] UKIntelP o30303 (10 October 2003)

For the whole decision click here: o30303

Trade mark decision

BL Number
O/303/03
Decision date
10 October 2003
Hearing officer
Mr J MacGillivray
Mark
DIAMONITE
Classes
14
Applicant
Argos Limited
Opponent
Diamonique Corporation (New Jersey Corporation)
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

Summary

The opposition was based on use and registration of the mark DIAMONIQUE, in Class 14.

The goods being identical, the Hearing Officer turned to a comparison of the marks. Having compared them however he concluded that on a 'global appreciation, taking account of all the relevant factors' there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.

Under Section 5(4)(a) the Hearing Officer concluded that the absence of a likelihood of confusion meant that no misrepresentation would occur. The opposition under that Section failed therefore.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o30303.html