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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> NATURELLE DEVICE (Trade Mark: Opposition) [1998] UKIntelP o05098 (18 February 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o05098.html
Cite as: [1998] UKIntelP o5098, [1998] UKIntelP o05098
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NATURELLE DEVICE (Trade Mark: Opposition) [1998] UKIntelP o05098 (18 February 1998)
For the whole decision click here: o05098
Trade mark decision
- BL Number
- O/050/98
- Decision date
- 18 February 1998
- Hearing officer
- Mr S J Probert
- Mark
- NATURELLE & DEVICE
- Classes
- 03, 05
- Applicant
- Bianca Denise Abraham
- Opponent
- The Gillette Company
- Revocation
- Sections 5(2)(b) & 5(4)
Result
Section 5(2)(b) - Opposition successful
Section 5(4) - Opposition not pursued
Points Of Interest
- The applicant appealed to the Appointed Person. In his decision dated 19 August 1998 the Appointed Person essentially upheld the Hearing Officer but he did allow the application to proceed for a very restricted specification. Decision reported in [1999] RPC 326.
Summary
Opponents opposition based on their registrations in Class 3 of the marks NATREL and NATREL PLUS. In relation to Class 3 the Hearing Officer noted that the respective specifications covered identical goods and went on to compare the respective marks. In applying the usual tests he concluded that the respective marks were phonetically similar and, bearing imperfect recollection in mind, he decided that there was a likelihood of the public being confused. Opposition successful in respect of Class 3 application. Application allowed to proceed in Class 5 as not opposed.