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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ELAN (Trade Mark: Opposition) [2002] UKIntelP o20502 (14 May 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o20502.html
Cite as: [2002] UKIntelP o20502
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ELAN (Trade Mark: Opposition) [2002] UKIntelP o20502 (14 May 2002)
For the whole decision click here: o20502
Trade mark decision
- BL Number
- O/205/02
- Decision date
- 14 May 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- ELAN
- Classes
- 10
- Applicants
- Aortech Europe Limited
- Opponents
- Ela Medical
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Comparison of the marks ELA v ELAN
Summary
The opposition was based on the opponents’ mark ELA, registered in respect of goods which, the Hearing Officer found, were identical. Under Section 5(2)(b), the Hearing Officer found that the opponents had a reputation. Taking this into account, the Hearing Officer nevertheless found that there was no likelihood of confusion. Inter alia, he noted that the mark applied for was a dictionary word whereas the opponents’ mark was invented. This decided the matter under Section 5(2)(b), and under Section 5(4)(a) also, since no misrepresentation would occur.