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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LION (Trade Mark: Opposition) [1999] UKIntelP o16299 (15 June 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o16299.html
Cite as: [1999] UKIntelP o16299
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LION (Trade Mark: Opposition) [1999] UKIntelP o16299 (15 June 1999)
For the whole decision click here: o16299
Trade mark decision
- BL Number
- O/162/99
- Decision date
- 15 June 1999
- Hearing officer
- Mr D Morgan
- Mark
- LION
- Classes
- 01
- Applicant
- Headland Agrochemicals Limited
- Opponent
- Merck KgaA
- Opposition
- Sections 5(2)(b); 5(3); 5(4)(a) & 56* * the opponents also cited 3(3)(b), but they did not elaborate on it and it was accordingly dismissed.
Result
Section 5(2)(b) - opposition failed
Section 5(2)(b) - opposition failed
Section 5(3) - opposition failed
Section 5(3) - opposition failed
Section 5(4)(a) - opposition failed
Section 5(4)(a) - opposition failed
Section 56 - opposition failed
Section 56 - opposition failed
Points Of Interest
- None.
Summary
The opposition was based on the opponents' mark BION, in Class 5. Under Section 5(2)(b) the Hearing Officer found that the marks were neither the same nor similar. Although that decided the matter under Section 5(2) he went on to find that the goods were not similar, either. Under the remaining grounds of Sections 5(3) 5(4)(a) and 56 the Hearing Officer found that the opponents had not filed the requisite evidence relating to goodwill and reputation.