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United Kingdom Intellectual Property Office Decisions
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ADPRO (Trade Mark: Opposition) [2001] UKIntelP o40101 (14 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o40101.html
Cite as:
[2001] UKIntelP o40101
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ADPRO (Trade Mark: Opposition) [2001] UKIntelP o40101 (14 September 2001)
For the whole decision click here: o40101
Trade mark decision
- BL Number
- O/401/01
- Decision date
- 14 September 2001
- Hearing officer
- Mr M Foley
- Mark
- ADPRO
- Classes
- 29
- Applicant
- Adams Food Ingredients Limited
- Opponents
- Alpro NV
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful
Section 5(4)(a) - No formal finding
Points Of Interest
Summary
The opposition was based on the opponents' mark ALPRO, registered in Class 29 in respect of "proteins included in Class 29 of vegetable origin and in liquid or powder form". The Hearing Officer found a likelihood of confusion and the opposition succeeded under Section 5(2)(b). He also found that a limitation of the specification by the exclusion of sales to retail customers (offered by the applicants), would be of no assistance.