Trade mark decision

BL Number: O/371/02
Decision date: 13 August 2002
Appointed Person: Mr Geoffrey Hobbs KC
Mark: ALLIMAX
Classes: 05
Applicant: Health Perception (UK) Limited
Opponent: Almirall-Prodesfarma S.A.
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Appeal dismissed.

Points Of Interest

1. See Hearing Officer’s decision dated 29 April 2002 (BL O/182/02).

Summary

This was an appeal from the Hearing Officer’s decision of 29 April 2002 (BL O/182/02) in which he allowed the applicants application to proceed if they agreed to restrict their specification to the goods of interest to them. The opponents, who owned a Community registration of the mark ALMAX in Class 5, appealed on the basis that the proposed restriction did not overcome their objection to registration.

Neither party filed further evidence so the Appointed Person considered the matter on the basis of the papers before the Hearing Officer. He decided that the Hearing Officer had taken account of all the relevant factors and was entitled to propose a restricted specification if he was satisfied that the separation of the respective goods avoided the likelihood of confusion of the public. Appeal dismissed.

Full decision O/371/02 29Kb