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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SALMAX (Trade Mark: Opposition) [2002] UKIntelP o46302 (20 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o46302.html
Cite as: [2002] UKIntelP o46302
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SALMAX (Trade Mark: Opposition) [2002] UKIntelP o46302 (20 November 2002)
For the whole decision click here: o46302
Trade mark decision
- BL Number
- O/463/02
- Decision date
- 20 November 2002
- Hearing officer
- Mr G Salthouse
- Mark
- SALMAX
- Classes
- 05, 10
- Applicant
- Yamanouchi Europe BV
- Opponent
- Almirall-Prodesfarma SA
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
- Comparison of the marks ALMAX v SALMAX : "the letter ‘S’ is usually pronounced in a marked manner when placed at the beginning of a word".
Summary
The opponents were proprietors of a registration of the mark ALMAX in Class 5.
The Hearing Officer considered that there was some similarity in the goods "but not a very high degree of similarity". Comparing the marks, the Hearing Officer referring to the only difference between the marks, recorded his view that the letter S "is one which is usually pronounced in a marked manner when placed at the beginning of a word".
When all factors were considered, he decided, there was no likelihood of confusion.