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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GLUCOLYTE (Trade Mark: Opposition) [2002] UKIntelP o35102 (21 August 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o35102.html Cite as: [2002] UKIntelP o35102 |
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For the whole decision click here: o35102
Result
Section 5(2)(b) - Opposition successful.
Section 5(4)(a) - Opposition failed.
Points Of Interest
Summary
The opposition was based on the opponent’s registration and user of their mark GLUTALYTE.
The Hearing Officer considered that the goods were identical or at least similar and went on to make a comparison of the marks. These he found to be very similar and the opposition under Section 5(2)(b) succeeded accordingly.
In view of the outcome under Section 5(2) the Hearing Officer did not go on to consider the matter under Section 5(4)(a) in great detail but, in his view, the opponent’s evidence did not establish the claim to goodwill or reputation necessary for a passing-off action, and this ground failed accordingly.