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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VITALAT (Trade Mark: Opposition) [2002] UKIntelP o16702 (17 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o16702.html
Cite as: [2002] UKIntelP o16702

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VITALAT (Trade Mark: Opposition) [2002] UKIntelP o16702 (17 April 2002)

For the whole decision click here: o16702

Trade mark decision

BL Number
O/167/02
Decision date
17 April 2002
Hearing officer
Mr M Reynolds
Mark
VITALAT
Classes
05, 29, 30
Applicant
Schils BV
Opponent
Laiterie Cooperative
Opposition
Sections 5(1)* 5(2)(a)* & 5(2)(b)

Result

Section 5(1): - Opposition failed.

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

Section 5(2)(b): - Opposition partially successful.

Points Of Interest

Summary

*The opponents’ mark was VITALAIT. Since this was not identical with the mark applied for the Hearing Officer dismissed both these grounds.

Under Section 5(2)(b), the Hearing Officer found a similarity in the marks, and a similarity in the goods in Classes 5 and 29, such that a likelihood of confusion existed. The opposition succeeded, therefore, in respect of those two classes, but failed in respect of Class 30. The application would be allowed to proceed if restricted to that Class.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o16702.html