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United Kingdom Intellectual Property Office Decisions
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ORADENT (Trade Mark: Opposition) [1998] UKIntelP o13698 (2 July 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13698.html
Cite as:
[1998] UKIntelP o13698
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ORADENT (Trade Mark: Opposition) [1998] UKIntelP o13698 (2 July 1998)
For the whole decision click here: o13698
Trade mark decision
- BL Number
- O/136/98
- Decision date
- 2 July 1998
- Hearing officer
- Mr M Knight
- Mark
- ORADENT
- Classes
- 03
- Applicants
- Andreas Giesen
- Opponents
- Oral-B Laboratories a division of Gillette Canada Inc
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(1)(d); 5(2)(b) & 5(3)
Result
Section 3(1)(b) - opposition failed
Section 3(1)(c) - opposition failed
Section 3(1)(d) - opposition failed
Section 5(2)(b) - opposition failed
Section 5(3) - opposition failed
Points Of Interest
-
Opponents reminded that evidence relating to earlier registrations owned by them should give full details and be filed in proper form.
Summary
In addition to the "absolute" grounds under Section 3 the opponents cited their own mark ORAL-B. The Hearing Officer could find no basis for the Section 3 objections and dismissed them. Under Section 5(2)(b), he considered that the visual and aural differences made confusion on the part of the public unlikely. That decided the matter under Section 5(2)(b), and the want of evidence of reputation meant that the Section 5(3) objection had no basis either.