Trade mark decision

BL Number
O/239/02
Decision date
10 June 2002
Hearing Officer
Mr M Reynolds
Mark
EIRETEL
Classes
38
Applicants
Eiretel Limited
Opponents
Airtel Movil SA & Alianza Internacional De Redes Telefonicas SA
Opposition
Sections 3(1)(b); 3(1)(c) & 5(2)(b)

Result

Section 3(1)(b) - Opposition failed

Section 3(1)(c) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

  • 1. Comparison of the marks EIRETEL & device v AIRTEL & device.

Summary

The opposition was based on the opponents’ own registrations of their marks AIRTEL and device, in Classes 9 and 38, and on their contention that EIRETEL simply meant Irish Telecommunications. Taking into account the device element, however, the Hearing Officer could find no objection to the mark under Section 3(1). Turning to the objection under Section 5(2)(b), the Hearing Officer noted that the services were identical, and the opponents’ mark possessed a “reasonably high degree of distinctive character”. Comparing the marks, however, and taking into account inter alia, that this was not a ‘bag of sweets’ case, the Hearing Officer found no likelihood of confusion.

Full decision O/239/02 PDF document124Kb