Trade mark decision

BL Number
O/238/98
Decision date
24 November 1998
Hearing Officer
Mr M Knight
Mark
MIRADENT
Classes
03
Applicant
Matthias Giesen
Opponent
Unilever Plc and Elida Faberge Ltd
Opposition
Sections 3(1)(a), 3(3)(a), 5(2)(b) & 5(4)(a)

Result

Section 3(1)(a) - Not pursued

Section 3(3)(a) - Not pursued

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Not pursued

Points Of Interest

  • None

Summary

Since neither side filed evidence in these proceedings the essential ground of opposition was under Section 5(2)(b) where the opponents registered mark MENTADENT was relevant. The opponents had this mark registered in a number of classes but the relevant classes were 3 and 5, where identical and similar goods were covered. The Hearing Officer had therefore to compare the respective marks MIRADENT and MENTADENT. The Hearing Officer found that the . first syllables MIRA and MENTA were different both visually and phonetically and that DENT ( probably short for DENTAL) was not a distinctive element. He, therefore, concluded that there was no likelihood of confusion between the two marks.

Full decision O/238/98 PDF document20Kb