Trade mark decision
- BL Number
- O/179/01
- Decision date
- 12 April 2001
- Hearing Officer
- Mr G Salthouse
- Mark
- VITALITY
- Classes
- 05
- Applicant
- General Nutrition Investment Company
- Opponent
- The Sunrider Corporation t/a Sunrider International
- Opposition
- .ections 5(2) & 5(4)
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. An interesting comparison of marks; VITALITE v VITALITY
Summary
The opposition was based on registrations of the mark VITALITE, in respect of identical or closely similar products. Comparing the marks, the Hearing Officer concluded that there was no realistic likelihood of confusion and the oppositions under Section 5(2)(b) failed accordingly. Under Section 5(4)(a) also the Hearing Officer found that the opposition failed.
Full decision O/179/01 
59Kb
