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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VITALITY (Trade Mark: Opposition) [2001] UKIntelP o17901 (12 April 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o17901.html
Cite as: [2001] UKIntelP o17901

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VITALITY (Trade Mark: Opposition) [2001] UKIntelP o17901 (12 April 2001)

For the whole decision click here: o17901

Trade mark decision

BL Number
O/179/01
Decision date
12 April 2001
Hearing officer
Mr G Salthouse
Mark
VITALITY
Classes
05
Applicant
General Nutrition Investment Company
Opponent
The Sunrider Corporation t/a Sunrider International
Opposition
.ections 5(2) & 5(4)

Result

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

Section 5(4)(a) - Opposition failed.

Points Of Interest

Summary

The opposition was based on registrations of the mark VITALITE, in respect of identical or closely similar products. Comparing the marks, the Hearing Officer concluded that there was no realistic likelihood of confusion and the oppositions under Section 5(2)(b) failed accordingly. Under Section 5(4)(a) also the Hearing Officer found that the opposition failed.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o17901.html