Trade mark decision

BL Number

O/335/07

Decision date

9 November 2007

Hearing officer

Mr Geoffrey Hobbs QC

Mark

NUTRILIFE (stylised & device)

Classes

05

Applicants/ Respondents

Nutrigreen Health Products Ltd

Opponents/ Appellants

Alticor Inc

Appeal against the decision of the Registrars Hearing O

Result

Appeal dismissed

Points Of Interest

• Comparison of the marks; effect of device elements. “Words do not always or necessarily speak louder than the non-verbal elements with which they may have been combined.”
• See also BL O/237/06

Summary

At first instance (see BL O/237/07) the Hearing Officer had found the opposition under Section 5(2)(b) to have failed, principally because the device elements in the applicants mark were sufficient to differentiate it from that of the opponent. The opponent appealed, claiming that the words NUTRILITE & NUTRILIFE were very close and they would speak louder that the device elements. Having reviewed the decision, however, the Appointed Person concluded that it had been open to the Hearing Officer to take account of the effect of the device elements and it could not be said that the result of his doing so was clearly wrong. Consequently his decision was not liable to be set aside. The appeal therefore failed.

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