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United Kingdom Intellectual Property Office Decisions
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FARRIERS FRIEND (Trade Mark: Opposition) [2001] UKIntelP o48501 (2 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o48501.html
Cite as:
[2001] UKIntelP o48501
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FARRIERS FRIEND (Trade Mark: Opposition) [2001] UKIntelP o48501 (2 November 2001)
For the whole decision click here: o48501
Trade mark decision
- BL Number
- O/485/01
- Decision date
- 2 November 2001
- Hearing officer
- Mr M Knight
- Mark
- FARRIERS FRIEND
- Classes
- 05, 31
- Applicants
- Farrier's Friend Ltd
- Opponents
- Life Data Labs Inc
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
-
Comparison of marks : FARRIER’S FRIEND not confusingly similar to FARRIER’S FORMULA.
Summary
The opposition was based on the opponents’ mark FARRIER’S FORMULA, registered in respect of ‘nutritional supplements for treatment of the hoof, hair and skin of animals’. The application in suit was made in respect of "veterinary preparations and substances; additives and supplements for animal foodstuffs" and "additives and supplements for animal foodstuffs". Whilst the Hearing Officer found that the same or similar goods were involved he did not consider that the marks were confusingly similar, and there was therefore no likelihood of confusion. This effectively decided the matter under Section 5(4)(a) also.