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 121Kb