Trade mark decision

BL Number
O/335/01
Decision date
3 August 2001
Hearing Officer
Mr M Knight
Mark
DETTOX FRESH LINEN
Classes
03, 05
Applicants
Reckitt & Colman Products Limited v Reckitt & Colman (Overseas) Ltd
Opponents
RE. LE. VI. S.P.A.
Opposition
Sections 3(1)(b); 3(1)(c); Section 13; 5(2)(b)

Result

Section 3(1)(b): - Opposition failed.

Section 3(1)(c): - Opposition failed.

Section 5(2)(b): - Opposition failed.

Points Of Interest

  • Registrar’s powers in relation to disclaimers under Section 13.

Summary

Although the Hearing Officer had earlier found the mark FRESH LINEN objectionable under Section 3(1) (see BL O/334/01) the inclusion in this case of the word DETTOX made the mark as a whole unobjectionable on those grounds. Under Section 5(2)(b) he had earlier found the marks (FRESH LINEN v LINEA FRESH) not confusable; the addition of the word DETTOX reduced any possibility of confusion still further. Finally he ruled that he had no power to order the applicants to disclaim the words FRESH LINEN, as requested by the opponents.

Full decision O/335/01 PDF document13Kb