Trade mark decision

BL Number
O/009/06
Decision date
6 January 2006
Hearing Officer
Mr D Landau
Mark
EXERGENICS
Classes
28
Applicant
Exten Fitness Systems Limited
Opponent
Intersport International Corporation GmBh
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • 1. Comparison of the marks ENERGETICS v EXERGENICS; visual and phonetic similarity; conceptual dissimilarity.
  • 2. Safety issues : see BL 0/308/03.

Summary

The opposition was based on the mark ENERGETICS, registered in respect of goods which the Hearing Officer found to be identical. The matter therefore came down to a comparison of the marks and an assessment of any likelihood of confusion which might arise.

From a careful comparison of the marks the Hearing Officer found that there was a ‘degree of visual and phonetic similarity’. There was ‘conceptual dissimilarity’ but on a global appreciation the Hearing Officer found a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.

Full decision O/009/06 PDF document39Kb