Trade mark decision

BL Number
O/041/06
Decision date
8 February 2006
Hearing Officer
Mr M Foley
Mark
CAPTAVIA
Classes
09, 16, 41, 42
Applicant
Initiative Software Limited
Opponent
Captiva Import Export Beteiligings GmbH
Opposition
Section 5(2)(b)

Result

Opposition Section 5(2)(b); successful, for the most part.

Points Of Interest

  • 1. Comparison of the marks Captiva v CAPTAVIA.

Summary

The opposition was based on the opponents’ mark Captiva, in Classes 9, 37 and 38.

The Hearing Officer found similarity/identicality in most of the goods/services, and he found the marks to be similar. Overall he found a likelihood of confusion in respect of most of the specifications applied for and the opposition succeeded in respect of those specifications.

Full decision O/041/06 PDF document29Kb