Trade mark decision

BL Number: O/044/99
Decision date: 5 February 1999
Hearing Officer: Mr A James
Mark: ALLERFREE
Classes: 05
Applicants: The Boots Company Plc
Opponents: Sandoz Limited
Opposition: Sections 5(2)(b), 5(4)(a)

Result

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

Section 5(4)(a): - No formal finding.

Points Of Interest

1. "The presence of other similar marks on the register (is) of no assistance to either party in an opposition unless there (is) evidence that some of those marks were in use".

Summary

The opposition was based on the opponents use and registration of their mark ALLER-EZE. The Hearing Officer found a likelihood of confusion under Section 5(2) and made no formal finding under Section 5(4)(a) beyond remarking that, “the result was unlikely to have been any different”.

Full decision O/044/99 21Kb