Trade mark decision
- BL Number
- O/289/06
- Decision date
- 12 October 2006
- Hearing Officer
- Mr G Salthouse
- Mark
- ECOCELL
- Classes
- 09, 11
- Applicants
- Eveready (Proprietary) Limited
- Opponents
- Lidl Stifting & Co KG
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Opposition, Section 5(2)(b): Failed. Opposition, Section 5(3): Failed.
Points Of Interest
- Comparison of the goods, batteries v torches and flash lights; “Although complementary, their nature and uses are totally different.”
Summary
The opposition was based on registrations of the opponents’ mark AEROCELL in Class 9.
The Hearing Officer noted that the respective goods in class 9 were clearly identical (batteries). However, he also found that the applicants’ Class 11 goods, “torches and flash-lights”. “Although complementary their nature and uses are totally different.”
Having compared the marks, however, the Hearing Officer found no likelihood of confusion.
The Section 5(3) ground failed also; the opponents’ evidence had not demonstrated reputation, and in any case they had not shown anything demonstrating possible detriment.
Full decision O/289/06 
35Kb
