BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MENTHO PLUS ARCOR (Trade Mark: Opposition) [1998] UKIntelP o15298 (17 July 1998) URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o15298.html Cite as: [1998] UKIntelP o15298 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o15298
Result
Section 3(3) - opposition failed
Section 5(2)(b) - opposition failed
Points Of Interest
Summary
The Hearing Officer speculated that the Section 3(2) objection (which refers to shapes) may have been intended to be a reference to Section 3(3), for which in any event he could see no justification. This ground was therefore dismissed. Turning to Section 5(2)(b), he found that the goods at issue were identical. After reviewing the evidence relating to these and other marks he returned to a comparison of the marks at issue, MENTOS v MENTHO PLUS ACOR . He could see no obvious similarity between these marks, and considered that MENTHO was probably a descriptive element in the mark. If so, it would be undesirable to prevent the applicant from incorporating such an element in the mark.
In any event, he saw no likelihood of confusion and the opposition under Section 5(2)(b) failed.
