Trade mark decision

BL Number

O/050/98

Decision date

18 February 1998

Hearing officer

Mr S J Probert

Mark

NATURELLE & DEVICE

Classes

03, 05

Applicant

Bianca Denise Abraham

Opponent

The Gillette Company

Revocation

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

Result

Section 5(2)(b) - Opposition successful

Section 5(4) - Opposition not pursued

Points Of Interest

• The applicant appealed to the Appointed Person. In his decision dated 19 August 1998 the Appointed Person essentially upheld the Hearing Officer but he did allow the application to proceed for a very restricted specification. Decision reported in [1999] RPC 326.

Summary

Opponents opposition based on their registrations in Class 3 of the marks NATREL and NATREL PLUS. In relation to Class 3 the Hearing Officer noted that the respective specifications covered identical goods and went on to compare the respective marks. In applying the usual tests he concluded that the respective marks were phonetically similar and, bearing imperfect recollection in mind, he decided that there was a likelihood of the public being confused. Opposition successful in respect of Class 3 application. Application allowed to proceed in Class 5 as not opposed.

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