Trade mark decision

BL Number
O/237/06
Decision date
18 August 2006
Hearing Officer
Mr M Reynolds
Mark
NUTRILIFE & DEVICE
Classes
05
Applicant
Nutrigreen Health Products Ltd
Opponent
Alticor Inc
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.

Points Of Interest

  • Comparison of the marks NUTRILITE v NUTRILIFE (stylised & device)

Summary

The opposition was based on registrations and use of the opponent’s NUTRILITE marks, in Classes 5, 29, 30 and 32.

The Hearing Officer began by finding that identical and/or closely similar goods were involved. He rejected a submission that trading patterns in the past had established a distance between the products.

Having compared the marks, however, and the overall likelihood of confusion the Hearing Officer found that the opponents had failed under Section 5(2)(b). This, effectively, decided the matter under Section 5(4)(a) also.

Full decision O/237/06 PDF document143Kb