Trade mark decision

BL Number
O/154/05
Decision date
10 June 2005
Hearing Officer
Mr M Reynolds
Mark
ACTIVE
Classes
11
Applicant
Applied Energy Products Limited
Opponent
Hansgrohe AG
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • None

Summary

The opponent’s opposition was based on its ownership of a registration in Class 11 of the mark AKTIVA in respect of the same and similar goods as those of the applicant.

The opponent filed no evidence of use of its mark so the only matter for consideration under Section 5(2)(b) was a normal comparison of the respective marks ACTIVE and AKTIVA. The Hearing Officer noted that ACTIVE would be recognised as a normal English word consisting of two syllables whereas AKTIVA would be recognised as either a foreign or invented word consisting of three syllables. Thus the respective marks were different visually, aurally and conceptually. The Hearing Officer went on to conclude that there was no likelihood of confusion of the public and that the opposition failed

Full decision O/154/05 PDF document31Kb