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United Kingdom Intellectual Property Office Decisions
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CATALIS (Trade Mark: Opposition) [2002] UKIntelP o32102 (7 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o32102.html
Cite as:
[2002] UKIntelP o32102
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CATALIS (Trade Mark: Opposition) [2002] UKIntelP o32102 (7 August 2002)
For the whole decision click here: o32102
Trade mark decision
- BL Number
- O/321/02
- Decision date
- 7 August 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- CATALIS
- Classes
- 09, 16, 41, 42
- Applicants
- Catalis Rail Training Limited
- Opponents
- Societe Nationale des Chemins de Fer Belges
- 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, THALYS v CATALIS
Summary
The opposition was based on the opponents’ registrations and use of the mark THALYS.
Under Sections 5(2)(b) the Hearing Officer found that both identical and similar goods and services were involved and he went on to compare the marks. The degree of dissimilarity in these, however, led him to the conclusion that there was no likelihood of confusion. This effectively decided the matter under Section 5(4)(a) also.