Trade mark decision

BL Number
O/258/08
Decision date
23 September 2008
Hearing Officer
Mr D Landau
Mark
ZYTRONIC
Classes
09
Applicant
Zytronic Displays Limited
Opponent
Lidl Stiftung & Co Kg
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • None

Summary

The opponent’s opposition was based on its ownership of the mark TRONIC registered in Class 9 in respect of a range of goods which, with the exception of ’visors’ in the applicant’s specification, the Hearing Officer found to be identical or similar to the goods of the applicant.

The applicant filed ‘state of the register’ evidence which the Hearing Officer disregarded. The opponent filed four decisions handed down by OHIM which it claimed showed that OHIM had rejected other marks incorporating its mark TRONIC. Neither the claim nor the evidence impressed the Hearing Officer.

Under Section 5(2)(b) the Hearing Officer compared the respective marks TRONIC and ZYTRONIC, and while he accepted that there was a degree of similarity there was also an element which distinguished them. In particular the Hearing Officer observed that the ZY element has a huge effect in that it helps to create a mark ZYTRONIC which does not bring to mind the opponent’s mark TRONIC. The Hearing Officer went on to dismiss the opposition.

Full decision O/258/08 PDF document57Kb