Trade mark decision

BL Number: O/054/99
Decision date: 16 February 1999
Hearing Officer: Mr M Reynolds
Mark: DNET
Classes: 42
Applicant: Charter Information Corporation
Opponent: Deutsche Telecom AG
Opposition: Sections 5(2)(b), 5(3) & 56

Result

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 56 - Opposition failed

Points Of Interest

None

Summary

The opponents opposition was based on their ownership of a TNET mark (and variations thereof) registered in respect of the same and similar services. They also claimed use of their mark TNET but such use as occurred was either very close to or after the relevant date of 13 October 1995 - the date of filing of the applicants application. This lack of use and reputation before the relevant date was fatal to the opponents ground under Sections 5(3) and 56.

The essential ground of the proceedings was under Section 5(2)(b). As identical and similar services were at issue the dispute rested on a comparison of the marks DNET and TNET. The opponents had filed evidence to support a claim that the marks were aurally similar; in particular they referred to the search rules operated by COMPU-MARK (a trade mark search company) that D & T should be regarded as phonetically similar. However, in this case the Hearing Officer considered the structural nature of the marks before him and decided that the pronunciation of the initial letter in each case would be accentuated. He therefore did not believe that aural confusion would occur and, as the marks were different visually and conceptually he concluded that the marks, compared as wholes, were not confusingly similar.

Full decision O/054/99 30Kb