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United Kingdom Intellectual Property Office Decisions
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ALLERFREE (Trade Mark: Opposition) [1999] UKIntelP o04499 (5 February 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o04499.html
Cite as:
[1999] UKIntelP o04499,
[1999] UKIntelP o4499
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ALLERFREE (Trade Mark: Opposition) [1999] UKIntelP o04499 (5 February 1999)
For the whole decision click here: o04499
Trade mark decision
- BL Number
- O/044/99
- Decision date
- 5 February 1999
- Hearing officer
- Mr A James
- Mark
- ALLERFREE
- Classes
- 05
- Applicants
- The Boots Company Plc
- Opponents
- Sandoz Limited
- Opposition
- Sections 5(2)(b), 5(4)(a)
Result
Section 5(2)(b): - Opposition successful.
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - No formal finding.
Section 5(4)(a): - No formal finding.
Points Of Interest
-
1. "The presence of other similar marks on the register (is) of no assistance to either party in an opposition unless there (is) evidence that some of those marks were in use".
Summary
The opposition was based on the opponents use and registration of their mark ALLER-EZE. The Hearing Officer found a likelihood of confusion under Section 5(2) and made no formal finding under Section 5(4)(a) beyond remarking that, “the result was unlikely to have been any different”.