Trade mark decision

BL Number
O/023/08
Decision date
29 January 2008
Appointed Person
Ms A Michaels
Mark
BRILLIANCE
Classes
09, 10
Applicants/Respondents
Koninklijke Philips electronics NV
Opponents/Appellants
Belden Technologies Inc
Opposition
Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.

Result

Appeal dismissed

Points Of Interest

  • None

Summary

At first instance (see BL O/223/07) the Hearing Officer had found in favour of the applicants. The opponents appealed to the Appointed Person, claiming inter alia that the Hearing Officer’s assessment had failed to take account of the full range of the respective specifications, also he had failed to give due weight to the identicality of the marks. Having reviewed the matter, however, the Appointed Person could not agree that the Hearing Officer’s decision was wrong, although she did agree that his decision might usefully have considered the various categories of goods separately. The appeal failed.

Full decision O/023/08 PDF document46Kb