Trade mark decision

BL Number

O/205/02

Decision date

14 May 2002

Hearing Officer

Mr J MacGillivray

Mark

ELAN

Classes

10

Applicants

Aortech Europe Limited

Opponents

Ela Medical

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. Comparison of the marks ELA v ELAN

Summary

The opposition was based on the opponents’ mark ELA, registered in respect of goods which, the Hearing Officer found, were identical. Under Section 5(2)(b), the Hearing Officer found that the opponents had a reputation. Taking this into account, the Hearing Officer nevertheless found that there was no likelihood of confusion. Inter alia, he noted that the mark applied for was a dictionary word whereas the opponents’ mark was invented. This decided the matter under Section 5(2)(b), and under Section 5(4)(a) also, since no misrepresentation would occur.

Full decision O/205/02 23Kb