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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LENOPLAST (Trade Mark: Opposition) [2002] UKIntelP o42702 (21 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o42702.html
Cite as: [2002] UKIntelP o42702

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LENOPLAST (Trade Mark: Opposition) [2002] UKIntelP o42702 (21 October 2002)

For the whole decision click here: o42702

Trade mark decision

BL Number
O/427/02
Decision date
21 October 2002
Hearing officer
Mr M Knight
Mark
LENOPLAST
Classes
05
Applicant
Farnaban SA
Opponent
Beiersdorf AG
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 application was opposed by the proprietors of the mark LEUKOPLAST, registered in Class 5. The Hearing Officer found some of the goods concerned to be identical, some similar and some neither. After finding the opponents' mark to be inherently distinctive the Hearing Officer went on to assess the similarity of the marks.

In this however, he found them to be sufficiently dissimilar, such that there was no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly; this effectively decided the matter under Section 5(4)(a) also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o42702.html