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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COMFIT (Trade Mark: Opposition) [2001] UKIntelP o44301 (5 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o44301.html
Cite as: [2001] UKIntelP o44301
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COMFIT (Trade Mark: Opposition) [2001] UKIntelP o44301 (5 October 2001)
For the whole decision click here: o44301
Trade mark decision
- BL Number
- O/443/01
- Decision date
- 5 October 2001
- Hearing officer
- Mr D Landau
- Mark
- COMFIT
- Classes
- 11
- Applicant
- SITECO Beleuchtungstechnik GmbH
- Opponents
- Whitecroft Lighting (Holdings) Limited
- Opposition
- Sections 3(6); 5(2)(b) & 5(4)(a)
Result
Section 3(6) - Opposition dismissed
Section 5(2)(b) - Opposition successful
Section 5(4)(a) - Opposition failed
Points Of Interest
- Comparison of the marks comfit v COMFORT
Summary
The opposition was based on the opponents’ registration of their mark COMFORT. The Hearing Officer found:- (i) the opponent had not established that reputation, recognition or goodwill resided in their earlier registration; (ii) the respective specifications encompassed identical or highly similar goods: (iii) there was a degree of visual similarity between the respective trade marks and there was a likelihood of confusion. The opposition under Section 5(2)(b) succeeded, therefore and the Section 5(4)(a) objection failed. The Section 3(6) objection was dismissed as the opponents’ case was based on supposition, presumption and conjecture.