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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EXERGENICS (Trade Mark: Opposition) [2006] UKIntelP o00906 (6 January 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o00906.html
Cite as: [2006] UKIntelP o00906, [2006] UKIntelP o906

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EXERGENICS (Trade Mark: Opposition) [2006] UKIntelP o00906 (6 January 2006)

For the whole decision click here: o00906

Trade mark decision

BL Number
O/009/06
Decision date
6 January 2006
Hearing officer
Mr D Landau
Mark
EXERGENICS
Classes
28
Applicant
Exten Fitness Systems Limited
Opponent
Intersport International Corporation GmBh
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

The opposition was based on the mark ENERGETICS, registered in respect of goods which the Hearing Officer found to be identical. The matter therefore came down to a comparison of the marks and an assessment of any likelihood of confusion which might arise.

From a careful comparison of the marks the Hearing Officer found that there was a ‘degree of visual and phonetic similarity’. There was ‘conceptual dissimilarity’ but on a global appreciation the Hearing Officer found a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o00906.html