Trade mark decision

BL Number
O/339/01
Decision date
9 August 2001
Hearing Officer
Mr M Foley
Mark
SALVITA
Classes
30
Applicant
Rewe-Zentral AG
Opponent
Lidl Stiftung & Co KG
Opposition
Sections 3(6); 5(2)(b); 5(3); 5(4)(a)

Result

Section 3(6): - Opposition failed.

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

Section 5(3): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • Comparison of the marks SALVITA v SOLEVITA

Summary

The opposition was based on the opponents’ mark SOLEVITA, registered in Class 32. Under Section 5(2)(b) the Hearing Officer found no real likelihood of confusion. Under Section 5(3) he found that the case had not been established, neither, under Section 5(4)(a) did he see how the opponents were likely to suffer damage. There was no evidence to establish bad faith on the part of the applicants as to their intentions to use the mark on the full range of goods specified.

Full decision O/339/01 PDF document39Kb