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 29Kb