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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EVOLUTION OIL (Trade Mark: Opposition) [2005] UKIntelP o06105 (10 March 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o06105.html Cite as: [2005] UKIntelP o06105, [2005] UKIntelP o6105 |
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For the whole decision click here: o06105
Result
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - No formal finding.
Points Of Interest
Summary
The opposition was based on registration of the marks ELF DIESEL EVOLUTION and OPTANE EVOLUTION in Classes 1 and 4.
Taking first the objection under Section 5(2)(b) the Hearing Officer noted that the respective goods were identical. Turning to a comparison of the marks the Hearing Officer declined to consider the 'state of the register' evidence, which both parties had introduced since the marks had to be considered on their own merits. The common distinctive element in the marks was the word EVOLUTION; OIL and DIESEL were descriptive; the addition of house marks such as ELF or OPTANE "(did) not significantly defuse the risk of confusion". The Hearing Officer found a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly and he did not go on to consider the matter under Section 5(4)(a).