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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ALLIMAX (Trade Mark: Opposition) [2002] UKIntelP o37102 (13 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o37102.html
Cite as: [2002] UKIntelP o37102
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ALLIMAX (Trade Mark: Opposition) [2002] UKIntelP o37102 (13 August 2002)
For the whole decision click here: o37102
Trade mark decision
- BL Number
- O/371/02
- Decision date
- 13 August 2002
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- ALLIMAX
- Classes
- 05
- Applicant
- Health Perception (UK) Limited
- Opponent
- Almirall-Prodesfarma S.A.
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Appeal dismissed.
Points Of Interest
- 1. See Hearing Officer’s decision dated 29 April 2002 (BL O/182/02).
Summary
This was an appeal from the Hearing Officer’s decision of 29 April 2002 (BL O/182/02) in which he allowed the applicants application to proceed if they agreed to restrict their specification to the goods of interest to them. The opponents, who owned a Community registration of the mark ALMAX in Class 5, appealed on the basis that the proposed restriction did not overcome their objection to registration.
Neither party filed further evidence so the Appointed Person considered the matter on the basis of the papers before the Hearing Officer. He decided that the Hearing Officer had taken account of all the relevant factors and was entitled to propose a restricted specification if he was satisfied that the separation of the respective goods avoided the likelihood of confusion of the public. Appeal dismissed.