Trade mark decision
- BL Number
- O/153/05
- Decision date
- 10 June 2005
- Hearing Officer
- Mr J MacGillivray
- Mark
- CALORMATIC
- Classes
- 09, 11, 42
- Applicant
- Vaillant GmbH
- Opponent
- Calor Gas Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(a): - Opposition successful.
Points Of Interest
- 1. Comparison of the marks CALOR V CALORMATIC.
Summary
The opposition was based on a number of registrations of the opponent's CALOR marks. The Hearing Officer decided that the opponent's mark was of an inherently distinctive nature which had been built upon by nurture and consequential reputation. It deserved "a good penumbra of protection". The goods/services were identical/similar, and after comparing the marks, and on a global appreciation, the Hearing Officer concluded that there was a likelihood of confusion. The opposition under Section 5(2)(a) succeeded accordingly.
Full decision O/153/05 
52Kb
