Trade mark decision

BL Number

O/105/98

Decision date

30 April 1998

Hearing officer

Mr N Harkness

Mark

SKALE KING

Classes

11

Applicant

Kleiber (UK) Ltd

Opponent

Lifescience Products Ltd

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. See also under O/092/98 where the same parties were involved in cross opposition proceedings.

Summary

The opponents opposition was based on their earlier applications for the marks WATER KING and WATER KING and Crown device in Class 11 for identical goods to those of the applicants. The applicants in these proceedings own an even earlier registration of this mark in Class 11 which they utilised to oppose registration of the opponents marks. In concurrent proceedings the Hearing Officer held that the applicants prior mark and the opponents mark WATER KING and crown device were confusingly similar. That mark stands refused and is of no benefit to the opponents in these proceedings (subject to any successful appeal).

Additionally the Hearing Officer found that the opponents WATER KING mark and the applicants prior mark were not confusingly similar. Thus a similar finding in this case means that the opponents fail in their grounds of opposition under Section 5(2)(b).

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o10598.html