Trade mark decision

BL Number

O/213/04

Decision date

16 July 2004

Hearing Officer

Mr D Landau

Mark

HALO

Classes

11, 21

Applicant

Elia International Limited

Opponent

Alto-Shaam Inc.

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the marks HALO HEAT v HALO.
• 2. Comparison of goods in Class 11.

Summary

The opposition was based on a registration of the mark HALO HEAT in Class 11.

The Hearing Officer found the marks to be "distinctively similar", taking into account the nature of the goods and the common presence of the word HALO.

After a detailed comparison of the goods the Hearing Officer found many of the Class 11 goods to be the same or similar but none of the goods in Class 21.

In the result, the application was permitted to proceed in the case of the Class 21 goods and the remaining goods of Class 11.

In view of this result the Hearing Officer ruled that each side should bear its own costs.

Full decision O/213/04 44Kb