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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CALCIMILK (Trade Mark: Opposition) [2002] UKIntelP o19302 (29 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o19302.html
Cite as: [2002] UKIntelP o19302
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CALCIMILK (Trade Mark: Opposition) [2002] UKIntelP o19302 (29 April 2002)
For the whole decision click here: o19302
Trade mark decision
- BL Number
- O/193/02
- Decision date
- 29 April 2002
- Hearing officer
- Mr David Kitchin QC
- Mark
- CALCIMILK
- Classes
- 29
- Applicants/Appellants
- Johnson & Johnson
- Opponent/Respondents
- Unigate Dairies Limited
- Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition proceedings
Result
Appeal under Section 5(2)(b) dismissed
Points Of Interest
- Comparison of the mark CALCIMILK v CALCIA, when considered in normal and fair use.
Summary
At first instance (BL O/387/01) the Hearing Officer had found for the opponents in their objection under Section 5(2)(b), that the opposed marks CALCIMILK v CALCIA gave rise to a likelihood of confusion, the marks being similar and the goods identical. The appellants conceded that the Hearing Officer had properly directed himself as to the law, but had not applied it correctly to the facts of the case. The Appointed Person, however, upheld the Hearing Officer's findings in all respects; in particular he noted that in normal and fair use, such as CALCIA milk, the marks were indeed so similar as to be likely to cause confusion. The appeal was dismissed