Trade mark decision

BL Number

O/458/01

Decision date

17 October 2001

Hearing Officer

Mr D Landau

Mark

ICE TITANIUM

Classes

09

Applicant

Dolland & Atchison Limited

Opponent

Gilmar SPA

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of a registration in Class 9 for the mark ICEBERG in respect of identical and similar goods.

The Hearing Officer thus compared the respective marks ICEBERG and ICE.TITANIUM. In so doing he noted that the word TITANIUM would be likely to be seen as a descriptor in relation to spectacle frames made of titanium and thus the real comparison would be between ICE and ICEBERG. Even on this limited basis the Hearing Officer concluded that the respective marks were different visually, aurally and conceptually and that there was no likelihood of confusion.

Full decision O/458/01 16Kb