Trade mark decision

BL Number
O/105/98
Decision date
30 April 1998
Hearing Officer
Mr N Harkness
Mark
SKALE KING
Classes
11
Applicant
Kleiber (UK) Ltd
Opponent
Lifescience Products Ltd
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed.

Points Of Interest

  • 1. See also under O/092/98 where the same parties were involved in cross opposition proceedings.

Summary

The opponents opposition was based on their earlier applications for the marks WATER KING and WATER KING and Crown device in Class 11 for identical goods to those of the applicants. The applicants in these proceedings own an even earlier registration of this mark in Class 11 which they utilised to oppose registration of the opponents marks. In concurrent proceedings the Hearing Officer held that the applicants prior mark and the opponents mark WATER KING and crown device were confusingly similar. That mark stands refused and is of no benefit to the opponents in these proceedings (subject to any successful appeal).

Additionally the Hearing Officer found that the opponents WATER KING mark and the applicants prior mark were not confusingly similar. Thus a similar finding in this case means that the opponents fail in their grounds of opposition under Section 5(2)(b).

Full decision O/105/98 PDF document49Kb