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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MIRADENT (Trade Mark: Opposition) [1998] UKIntelP o23898 (24 November 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o23898.html
Cite as: [1998] UKIntelP o23898
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MIRADENT (Trade Mark: Opposition) [1998] UKIntelP o23898 (24 November 1998)
For the whole decision click here: o23898
Trade mark decision
- BL Number
- O/238/98
- Decision date
- 24 November 1998
- Hearing officer
- Mr M Knight
- Mark
- MIRADENT
- Classes
- 03
- Applicant
- Matthias Giesen
- Opponent
- Unilever Plc and Elida Faberge Ltd
- Opposition
- Sections 3(1)(a), 3(3)(a), 5(2)(b) & 5(4)(a)
Result
Section 3(1)(a) - Not pursued
Section 3(3)(a) - Not pursued
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Not pursued
Points Of Interest
- None
Summary
Since neither side filed evidence in these proceedings the essential ground of opposition was under Section 5(2)(b) where the opponents registered mark MENTADENT was relevant. The opponents had this mark registered in a number of classes but the relevant classes were 3 and 5, where identical and similar goods were covered. The Hearing Officer had therefore to compare the respective marks MIRADENT and MENTADENT. The Hearing Officer found that the . first syllables MIRA and MENTA were different both visually and phonetically and that DENT ( probably short for DENTAL) was not a distinctive element. He, therefore, concluded that there was no likelihood of confusion between the two marks.