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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> O OH (two applications) (stylised device) (Trade Mark: Opposition) [2008] UKIntelP o05708 (26 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o05708.html
Cite as: [2008] UKIntelP o05708, [2008] UKIntelP o5708

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O OH (two applications) (stylised device) (Trade Mark: Opposition) [2008] UKIntelP o05708 (26 February 2008)

For the whole decision click here: o05708

Trade mark decision

BL Number
O/057/08
Decision date
26 February 2008
Hearing officer
Mrs A Corbett
Mark
O & OH (two applications) (stylised & device)
Classes
05, 35, 39
Applicants
Opal Healthcare Limited
Opponents
Affinity Petcare SA
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

The opposition, which was directed at the Class 5 and 35 goods, only, was based on an earlier mark comprising an orange disc pierced off-centre, by a smaller white disc. The marks applied for comprised a lime green disc with a smaller disc within it in blue; again, off-centre. One of the marks applied for also included a stylised letter H. Although identical goods were involved the differences in the marks, particularly the colour differences, persuaded the Heading Officer that there was no likelihood of confusion.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o05708.html