Trade mark decision

BL Number
O/223/07
Decision date
7 August 2007
Hearing Officer
Mr G Salthouse
Mark
BRILLIANCE
Classes
09, 10
Applicants
Koninklijke Philips Electronics N.V.
Opponents
Belden Technologies Inc.
Opposition
Sections 5(2)(a) or (b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

  • Comparison of the goods; CT scanning equipment v electric cable.

Summary

The opposition was based on the opponents’ CTM ‘BRILLIANCE’, registered in respect of ‘electrical cables and wires; electronic cables and wires; microphone cables for sound and audio applications’. The marks being identical the Hearing Officer proceeded to a comparison of the goods. In the result, he concluded that there was ‘a considerable difference between an extremely complex piece of advanced medical equipment and a piece of cable’ the opposition failed accordingly.

Full decision O/223/07 PDF document28Kb