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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> NUTRILIFE DEVICE (Trade Mark: Inter Partes) [2006] UKIntelP o23706 (18 August 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o23706.html
Cite as: [2006] UKIntelP o23706

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NUTRILIFE DEVICE (Trade Mark: Inter Partes) [2006] UKIntelP o23706 (18 August 2006)

For the whole decision click here: o23706

Trade mark decision

BL Number
O/237/06
Decision date
18 August 2006
Hearing officer
Mr M Reynolds
Mark
NUTRILIFE & DEVICE
Classes
05
Applicant
Nutrigreen Health Products Ltd
Opponent
Alticor Inc
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 registrations and use of the opponent’s NUTRILITE marks, in Classes 5, 29, 30 and 32.

The Hearing Officer began by finding that identical and/or closely similar goods were involved. He rejected a submission that trading patterns in the past had established a distance between the products.

Having compared the marks, however, and the overall likelihood of confusion the Hearing Officer found that the opponents had failed under Section 5(2)(b). This, effectively, decided the matter under Section 5(4)(a) also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o23706.html