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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> QUINTUS (Trade Mark: Opposition) [2004] UKIntelP o04004 (6 February 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o04004.html Cite as: [2004] UKIntelP o04004, [2004] UKIntelP o4004 |
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For the whole decision click here: o04004
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
Summary
The opponents opposition was based on their ownership of a Community Trade Mark registration for the mark QUANTUM in Class 33 for the same and similar goods as those of the applicants' application. No evidence of use of either mark was filed. The opponents filed some research evidence to show that a search using the letter string QU*NTU* found the respective marks QUINTUS and QUANTUM.
Under Section 5(2)(b) the Hearing Officer confirmed that identical and similar goods were at issue and went on to compare the respective marks. While the two marks have some elements in common the Hearing Officer decided that considered as wholes they were visually and phonetically different and not likely to be confused by consumers. Opposition thus failed.
