Trade mark decision

BL Number

O/121/02

Decision date

15 March 2002

Hearing Officer

Mr D Landau

Mark

NETHEALTH

Classes

09, 16, 42

Applicant

Nordic Saunas Limited

Opponent

Sudler & Hennessey SRL

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the marks NETHEALTH v NEXTHEALTH

Summary

The opponents cited their mark NEXTHEALTH, a CTM registration in Classes 5, 16, 35, 38, 41 & 42. Applying the relevant authorities on comparison of marks and goods/services the Hearing Officer concluded that with the similarity of marks and the goods and services, there existed a likelihood of confusion in all cases except "computer software to enable searching of data". He allowed the mark to proceed provided the specification was reduced accordingly.

Full decision O/121/02 34Kb