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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ELAN (Trade Mark: Opposition) [2002] UKIntelP o20502 (14 May 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o20502.html
Cite as: [2002] UKIntelP o20502

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ELAN (Trade Mark: Opposition) [2002] UKIntelP o20502 (14 May 2002)

For the whole decision click here: o20502

Trade mark decision

BL Number
O/205/02
Decision date
14 May 2002
Hearing officer
Mr J MacGillivray
Mark
ELAN
Classes
10
Applicants
Aortech Europe Limited
Opponents
Ela Medical
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on the opponents’ mark ELA, registered in respect of goods which, the Hearing Officer found, were identical. Under Section 5(2)(b), the Hearing Officer found that the opponents had a reputation. Taking this into account, the Hearing Officer nevertheless found that there was no likelihood of confusion. Inter alia, he noted that the mark applied for was a dictionary word whereas the opponents’ mark was invented. This decided the matter under Section 5(2)(b), and under Section 5(4)(a) also, since no misrepresentation would occur.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o20502.html