Trade mark decision

BL Number

O/314/07

Decision date

29 October 2007

Hearing Officer

Mrs A Corbett

Mark

DIVINE (stylised)

Classes

14

Applicants

Ms Lois Levy

Opponents

Amor KG

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• None

Summary

The opponent’s opposition is based upon its ownership of a Community Trade Mark registration of the mark DIVINA in respect of identical goods as those of the applicant. As identical goods are at issue the Hearing Officer had only to compare the respective marks DIVINE (stylised) and DIVINA under Section 5(2)(b).

Because of the presence of items of jewellery in the applicant’s mark the Hearing Officer considered the respective marks to be different visually. She also considered that the opponent’s mark would be pronounced as DIV-EE-NAR as compared to the applicant’s DIV-INE mark. Also the marks differed conceptually in that DIVINA is an invented word. Overall the Hearing Officer concluded that the respective marks are not confusingly similar and that consequently opposition failed on this ground.

Full decision O/314/07 51Kb