Trade mark decision

BL Number

O/167/02

Decision date

17 April 2002

Hearing Officer

Mr M Reynolds

Mark

VITALAT

Classes

05, 29, 30

Applicant

Schils BV

Opponent

Laiterie Cooperative

Opposition

Sections 5(1)* 5(2)(a)* & 5(2)(b)

Result

Section 5(1): - Opposition failed.

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

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

Points Of Interest

• 1. Comparison of the goods:- milk (Class 29) v (inter alia) ice creams

Summary

*The opponents’ mark was VITALAIT. Since this was not identical with the mark applied for the Hearing Officer dismissed both these grounds.

Under Section 5(2)(b), the Hearing Officer found a similarity in the marks, and a similarity in the goods in Classes 5 and 29, such that a likelihood of confusion existed. The opposition succeeded, therefore, in respect of those two classes, but failed in respect of Class 30. The application would be allowed to proceed if restricted to that Class.

Full decision O/167/02 21Kb