Trade mark decision

BL Number

O/334/01

Decision date

3 August 2001

Hearing officer

Mr M Knight

Mark

FRESH LINEN

Classes

03, 05

Applicants

Reckitt & Colman Products Limited & Reckitt & Colman (Overseas) Limited

Opponents

RE. LE. VI. S.P.A.

Opposition

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

Result

Section 3(1)(b): - Opposition partially successful.

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

Points Of Interest

• 1. The ‘sliding scale’ of descriptiveness in the field of names relating to smells.
• 2. Comparison of the marks FRESH LINEN v LINEA FRESH.
• 3. Costs.

Summary

The Hearing Officer found that the mark was open to objection under Section 3(1), in relation to all the goods specified other than "pharmaceutical preparations and preparations for killing weeds and vermin"; he ruled that the registration should be limited to those goods. Under Section 5(2)(b) the opposition was based on the opponents’ mark LINEA FRESH, with the device of a flower. Under Section 5(2)(b), however, he found that the possibility of confusion did not amount to a "likelihood".

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