Trade mark decision

BL Number

O/351/02

Decision date

21 August 2002

Hearing Officer

Mr M Knight

Mark

GLUCOLYTE

Classes

05

Applicants

Mohammad Aslam

Opponents

Norbrook Laboratories Limited

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful.

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

Points Of Interest

• 1. Comparison of the marks GLUCOLYTE v GLUTALYTE

Summary

The opposition was based on the opponent’s registration and user of their mark GLUTALYTE.

The Hearing Officer considered that the goods were identical or at least similar and went on to make a comparison of the marks. These he found to be very similar and the opposition under Section 5(2)(b) succeeded accordingly.

In view of the outcome under Section 5(2) the Hearing Officer did not go on to consider the matter under Section 5(4)(a) in great detail but, in his view, the opponent’s evidence did not establish the claim to goodwill or reputation necessary for a passing-off action, and this ground failed accordingly.

Full decision O/351/02 20Kb