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United Kingdom Intellectual Property Office Decisions
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VITALITY (Trade Mark: Opposition) [2001] UKIntelP o17901 (12 April 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o17901.html
Cite as:
[2001] UKIntelP o17901
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VITALITY (Trade Mark: Opposition) [2001] UKIntelP o17901 (12 April 2001)
For the whole decision click here: o17901
Trade mark decision
- BL Number
- O/179/01
- Decision date
- 12 April 2001
- Hearing officer
- Mr G Salthouse
- Mark
- VITALITY
- Classes
- 05
- Applicant
- General Nutrition Investment Company
- Opponent
- The Sunrider Corporation t/a Sunrider International
- Opposition
- .ections 5(2) & 5(4)
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
-
1. An interesting comparison of marks; VITALITE v VITALITY
Summary
The opposition was based on registrations of the mark VITALITE, in respect of identical or closely similar products. Comparing the marks, the Hearing Officer concluded that there was no realistic likelihood of confusion and the oppositions under Section 5(2)(b) failed accordingly. Under Section 5(4)(a) also the Hearing Officer found that the opposition failed.