Trade mark decision

BL Number
O/119/08
Decision date
24 April 2008
Hearing Officer
Mr O Morris
Mark
CARBONTIME
Classes
14
Applicant
Gideon Levingston
Opponents
Franck Muller Watchland SA
Opposition
Sections 5(2)(b); 5(3) & 56

Result

Section 5(2)(b): Opposition partially successful. Section 5(3): Opposition dismissed. Section 56: Opposition dismissed.

Points Of Interest

  • Comparison of the marks KARBON & device v CARBONTIME

Summary

The opposition was based on the mark KARBON and device of stylised letter K, an International Registration. The Hearing Officer found differences in the relevant consumers and only a ‘slight or minimal’ degree of visual similarity in the marks. There was conceptual similarity in the marks. A detailed consideration of the respective specifications led the Hearing Officer to find a likelihood of confusion in respect of “precision timing instruments and their parts and fittings”. The other grounds of objection were dismissed. In view of the partial success of both parties the Hearing Officer made no award of costs.

Full decision O/119/08 PDF document102Kb