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 28Kb