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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 >> DIVINE (stylised) (Trade Mark: Opposition) [2007] UKIntelP o31407 (29 October 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o31407.html Cite as: [2007] UKIntelP o31407 |
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For the whole decision click here: o31407
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
Summary
The opponent’s opposition is based upon its ownership of a Community Trade Mark registration of the mark DIVINA in respect of identical goods as those of the applicant. As identical goods are at issue the Hearing Officer had only to compare the respective marks DIVINE (stylised) and DIVINA under Section 5(2)(b).
Because of the presence of items of jewellery in the applicant’s mark the Hearing Officer considered the respective marks to be different visually. She also considered that the opponent’s mark would be pronounced as DIV-EE-NAR as compared to the applicant’s DIV-INE mark. Also the marks differed conceptually in that DIVINA is an invented word. Overall the Hearing Officer concluded that the respective marks are not confusingly similar and that consequently opposition failed on this ground.
