Trade mark decision
- BL Number
- O/237/06
- Decision date
- 18 August 2006
- Hearing Officer
- Mr M Reynolds
- Mark
- NUTRILIFE & DEVICE
- Classes
- 05
- Applicant
- Nutrigreen Health Products Ltd
- Opponent
- Alticor Inc
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Comparison of the marks NUTRILITE v NUTRILIFE (stylised & device)
Summary
The opposition was based on registrations and use of the opponent’s NUTRILITE marks, in Classes 5, 29, 30 and 32.
The Hearing Officer began by finding that identical and/or closely similar goods were involved. He rejected a submission that trading patterns in the past had established a distance between the products.
Having compared the marks, however, and the overall likelihood of confusion the Hearing Officer found that the opponents had failed under Section 5(2)(b). This, effectively, decided the matter under Section 5(4)(a) also.
Full decision O/237/06 
143Kb
