Trade mark decision

BL Number

O/289/06

Decision date

12 October 2006

Hearing officer

Mr G Salthouse

Mark

ECOCELL

Classes

09, 11

Applicants

Eveready (Proprietary) Limited

Opponents

Lidl Stifting & Co KG

Opposition

Sections 5(2)(b) & 5(3)

Result

Opposition, Section 5(2)(b): Failed. Opposition, Section 5(3): Failed.

Points Of Interest

• Comparison of the goods, batteries v torches and flash lights; “Although complementary, their nature and uses are totally different.”

Summary

The opposition was based on registrations of the opponents’ mark AEROCELL in Class 9.

The Hearing Officer noted that the respective goods in class 9 were clearly identical (batteries). However, he also found that the applicants’ Class 11 goods, “torches and flash-lights”. “Although complementary their nature and uses are totally different.”

Having compared the marks, however, the Hearing Officer found no likelihood of confusion.

The Section 5(3) ground failed also; the opponents’ evidence had not demonstrated reputation, and in any case they had not shown anything demonstrating possible detriment.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o28906.html