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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
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MENTHO PLUS ARCOR (Trade Mark: Opposition) [1998] UKIntelP o15298 (17 July 1998)
For the whole decision click here: o15298
Trade mark decision
- BL Number
- O/152/98
- Decision date
- 17 July 1998
- Hearing officer
- Dr W J Trott
- Mark
- MENTHO PLUS ARCOR
- Classes
- 30
- Applicants
- Arcor S.A.I.C.
- Opponents
- Van Melle Nederland BV
- Opposition
- Section 3(2) & 5(2)(b)
Result
Section 3(3) - opposition failed
Section 5(2)(b) - opposition failed
Points Of Interest
- Descriptive elements in marks.
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.