Trade mark decision
- BL Number
- O/427/02
- Decision date
- 21 October 2002
- Hearing Officer
- Mr M Knight
- Mark
- LENOPLAST
- Classes
- 05
- Applicant
- Farnaban SA
- Opponent
- Beiersdorf AG
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- Comparison of the marks LEUKOPLAST v LENOPLAST.
Summary
The application was opposed by the proprietors of the mark LEUKOPLAST, registered in Class 5. The Hearing Officer found some of the goods concerned to be identical, some similar and some neither. After finding the opponents' mark to be inherently distinctive the Hearing Officer went on to assess the similarity of the marks.
In this however, he found them to be sufficiently dissimilar, such that there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly; this effectively decided the matter under Section 5(4)(a) also.
Full decision O/427/02 29Kb