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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DETTOX FRESH LINEN (Trade Mark: Opposition) [2001] UKIntelP o33501 (3 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o33501.html
Cite as: [2001] UKIntelP o33501
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DETTOX FRESH LINEN (Trade Mark: Opposition) [2001] UKIntelP o33501 (3 August 2001)
For the whole decision click here: o33501
Trade mark decision
- BL Number
- O/335/01
- Decision date
- 3 August 2001
- Hearing officer
- Mr M Knight
- Mark
- DETTOX FRESH LINEN
- Classes
- 03, 05
- Applicants
- Reckitt & Colman Products Limited v Reckitt & Colman (Overseas) Ltd
- Opponents
- RE. LE. VI. S.P.A.
- Opposition
- Sections 3(1)(b); 3(1)(c); Section 13; 5(2)(b)
Result
Section 3(1)(b): - Opposition failed.
Section 3(1)(c): - Opposition failed.
Section 5(2)(b): - Opposition failed.
Points Of Interest
- Registrar’s powers in relation to disclaimers under Section 13.
Summary
Although the Hearing Officer had earlier found the mark FRESH LINEN objectionable under Section 3(1) (see BL O/334/01) the inclusion in this case of the word DETTOX made the mark as a whole unobjectionable on those grounds. Under Section 5(2)(b) he had earlier found the marks (FRESH LINEN v LINEA FRESH) not confusable; the addition of the word DETTOX reduced any possibility of confusion still further. Finally he ruled that he had no power to order the applicants to disclaim the words FRESH LINEN, as requested by the opponents.