Trade mark decision

BL Number
O/549/01
Decision date
10 December 2001
Hearing Officer
Mr J MacGillivray
Mark
DIAL NOW
Classes
36
Applicant
Inxl Limited
Opponent
Dial Contracts Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

  • 1. Comparison of the marks DIAL NOW and device v DIAL

Summary

The opposition was based on the opponents; registration of their mark DIAL, in Class 36. The Hearing Officer found that the respective goods were the same or similar. After comparing the marks, however, and taking into account the conceptual differences and the nature of the relevant market place he did not consider that there existed a likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.

Full decision O/549/01 PDF document188Kb