Trade mark decision

BL Number

O/263/99

Decision date

3 August 1999

Hearing Officer

Mr G Salthouse

Mark

WHITE-LUX

Classes

11

Applicants

Advanced Lighting Technologies Inc

Opponents

Flowil International Lighting (Holding) B.V.

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. None

Summary

Opposition based on opponent’s use and registration in Class 11 of the trade mark BRITELUX. The Hearing Officer proceeded on the assumption that the respective marks covered identical goods (notably metal halide electric lamps). Applying the usual tests, he found that the average consumer was unlikely to so mispronounce the marks as to cause aural confusion, and that they conveyed a significantly different visual impression (with the hyphen in the mark in suit playing a part). Moreover, while acknowledging some conceptual similarity he took the view that BRITELUX signified brightness while the mark in suit signified purity.

In the absence of any evidence of actual confusion, or of reputation, and since it appeared to him that both marks were low in distinctive character, he therefore proceeded to dismiss this opposition.

Full decision O/263/99 26Kb