Trade mark decision

BL Number

O/193/02

Decision date

29 April 2002

Appointed Person

Mr David Kitchin QC

Mark

CALCIMILK

Classes

29

Applicants/Appellants

Johnson & Johnson

Opponent/Respondents

Unigate Dairies Limited

Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition proceedings

Result

Appeal under Section 5(2)(b) dismissed

Points Of Interest

• Comparison of the mark CALCIMILK v CALCIA, when considered in normal and fair use.

Summary

At first instance (BL O/387/01) the Hearing Officer had found for the opponents in their objection under Section 5(2)(b), that the opposed marks CALCIMILK v CALCIA gave rise to a likelihood of confusion, the marks being similar and the goods identical. The appellants conceded that the Hearing Officer had properly directed himself as to the law, but had not applied it correctly to the facts of the case. The Appointed Person, however, upheld the Hearing Officer's findings in all respects; in particular he noted that in normal and fair use, such as CALCIA milk, the marks were indeed so similar as to be likely to cause confusion. The appeal was dismissed

Full decision O/193/02 19Kb