Trade mark decision

BL Number

O/191/04

Decision date

5 July 2004

Hearing Officer

Mr G Salthouse

Mark

Diana

Classes

03, 04, 12, 18

Applicant

The Executrices of the Estate of Diana, Princess of Wales, Deceased

Opponent

Dalan Kimya Endustri A.S.

Opposition

Sections 5(1) & 5(2)(b)

Result

Section 5(1) - Opposition failed.

Section 5(2)(b) - Opposition successful in respect of Class 3 goods.

Points Of Interest

• 1. Identicality of marks.
• 2. Signature marks

Summary

The opponent was proprietor of a Community Trade Mark registration of the mark DIANA in Classes 3, 5 and 16. The opposition related only to the goods in Class 3 of the application.

Under Section 5(1) the Hearing Officer compared the marks DIANA in signature form v DIANA unstylised. Whilst these marks were identical in aural and conceptual terms, the visual differences were more than "insignificant differences" and thus the marks were not identical. The opposition under Section 5(1) failed accordingly.

Under Section 5(2)(b) the Hearing Officer noted that the goods in Class 3 were identical. Having compared the marks he found a likelihood of confusion. In so doing he rejected a submission that the signature form introduced a conceptual difference.

The opposition therefore succeeded in respect of the Class 3 goods but the application was permitted to proceed in respect of the remaining classes.

Full decision O/191/04 35Kb