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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SALVITA (Trade Mark: Opposition) [2001] UKIntelP o33901 (9 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o33901.html
Cite as: [2001] UKIntelP o33901
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SALVITA (Trade Mark: Opposition) [2001] UKIntelP o33901 (9 August 2001)
For the whole decision click here: o33901
Trade mark decision
- BL Number
- O/339/01
- Decision date
- 9 August 2001
- Hearing officer
- Mr M Foley
- Mark
- SALVITA
- Classes
- 30
- Applicant
- Rewe-Zentral AG
- Opponent
- Lidl Stiftung & Co KG
- Opposition
- Sections 3(6); 5(2)(b); 5(3); 5(4)(a)
Result
Section 3(6): - Opposition failed.
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- Comparison of the marks SALVITA v SOLEVITA
Summary
The opposition was based on the opponents’ mark SOLEVITA, registered in Class 32. Under Section 5(2)(b) the Hearing Officer found no real likelihood of confusion. Under Section 5(3) he found that the case had not been established, neither, under Section 5(4)(a) did he see how the opponents were likely to suffer damage. There was no evidence to establish bad faith on the part of the applicants as to their intentions to use the mark on the full range of goods specified.