Trade mark decision

BL Number
O/289/08
Decision date
22 October 2008
Hearing Officer
Mrs A Corbett
Mark
ELEMENTZ @ BRANTANO (stylised & device)
Classes
14, 18, 25
Applicants
Brantano NV
Opponent
Antonio Riera Farre
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • 1. Translation of evidence filed in a foreign language.
  • 2. Comparison of the marks ELEMENTS (stylised & device) v ELEMENTZ @ BRANTANO (stylised and device).

Summary

The opposition was based on the mark CTM E ELEMENTS (stylised and device), and was directed at the Class 25 specification only.

The Hearing Officer found the respective goods identical and or similar; and after a comparison of the marks and on a global assessment she found a likelihood of confusion. The opposition succeeded accordingly.

Full decision O/289/08 PDF document121Kb