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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BASIC ELEMENTS device (Trade Mark: Opposition) [2008] UKIntelP o05608 (26 February 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o05608.html Cite as: [2008] UKIntelP o5608, [2008] UKIntelP o05608 |
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For the whole decision click here: o05608
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
Summary
The mark in suit claims the colours black, white and grey. The lettering is in white with the word basic on a black background and the word elements on a grey background. Thus while consisting of one word its presentation is as “basic elements”.
The opponent’s opposition is based on a CTM registration in Class 25 in respect of identical goods of a mark consisting of a stylised letter E and arrow device set above the word ELEMENTS.
As regards “proof of use” the opponent claimed use in respect of all goods registered and the applicant accepted this claim. The Hearing Officer thus considered the conflict on the basis of their respective specifications which covered identical goods.
Under Section 5(2)(b) the Hearing Officer compared the respective marks, bearing in mind the descriptive nature of the words BASIC ELEMENTS and ELEMENTS and also the fact that the opponent’s mark contained an E logo element. The Hearing Officer decided that there was only limited visual and aural similarity and that there was no conceptual similarity. She went on to conclude that the respective marks were not confusingly similar even in respect of identical goods. Opposition thus failed.