Trade mark decision

BL Number: O/040/99
Decision date: 3 February 1999
Hearing Officer: Mr G Salthouse
Mark: COLOCALM
Classes: 05
Applicant: Johnson & Johnson
Opponent: Solvay Duphar BV
Opposition: Sections 5(2)(b) & 5(4)

Result

Section 5(2)(b) - Opposition failed

Section 5(4) - No finding

Points Of Interest

Comparison of the mark COLOCALM v COLOFAC

Summary

The opponents based their opposition on their own mark COLOFAC, registered in Class 5. The Hearing Officer considered the rival goods to be identical. The matter therefore came down to a comparison of the marks COLOFAC v COLOCALM, and in this the Hearing Officer found no likelihood of confusion. The Hearing Officer made no finding under Section 5(4).

Full decision O/040/99 110Kb