Trade mark decision

BL Number: O/041/99
Decision date: 3 February 1999
Hearing Officer: Mr G Salthouse
Mark: LIFESYSTEMS
Classes: 01, 03, 05, 09, 11, 24
Applicants: Lifesystems Ltd
Opponents: Pifco Ltd
Opposition: Sections 3(1)(a); 5(1); 5(2)(a); 5(3)(a); 5(4)(a)

Result

Section 3(1)(a): - Opposition dismissed.

Section 5(1): - Opposition failed.

Section 5(2): - Opposition failed.

Section 5(3): - Opposition failed.

Section 5(4): - Opposition failed.

Points Of Interest

1. None

Summary

The opponents were proprietors of four registrations of LIFE SYSTEMS and two of LIFESTREAM. The opponents put forward no evidence in support of their Section 3 objection; this was therefore dismissed at the outset. Under Section 5(1), 5(2) and 5(3) the Hearing Officer found, variously, that either the marks were the same but the goods not the same or similar, or the marks were not similar. He found no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer found that the opponents had not made a case under the passing-off criteria.

Full decision O/041/99 37Kb