Trade mark decision

BL Number

O/136/98

Decision date

2 July 1998

Hearing officer

Mr M Knight

Mark

ORADENT

Classes

03

Applicants

Andreas Giesen

Opponents

Oral-B Laboratories a division of Gillette Canada Inc

Opposition

Sections 3(1)(b); 3(1)(c); 3(1)(d); 5(2)(b) & 5(3)

Result

Section 3(1)(b) - opposition failed

Section 3(1)(c) - opposition failed

Section 3(1)(d) - opposition failed

Section 5(2)(b) - opposition failed

Section 5(3) - opposition failed

Points Of Interest

• Opponents reminded that evidence relating to earlier registrations owned by them should give full details and be filed in proper form.

Summary

In addition to the "absolute" grounds under Section 3 the opponents cited their own mark ORAL-B. The Hearing Officer could find no basis for the Section 3 objections and dismissed them. Under Section 5(2)(b), he considered that the visual and aural differences made confusion on the part of the public unlikely. That decided the matter under Section 5(2)(b), and the want of evidence of reputation meant that the Section 5(3) objection had no basis either.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13698.html