Trade mark decision

BL Number: O/040/04
Decision date: 6 February 2004
Hearing Officer: Mr M Foley
Mark: QUINTUS
Classes: 33
Applicant: Indomita Wines SA
Opponent: Chatam International Inc
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

1. None

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.

Full decision O/040/04 29Kb