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