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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SILAS (Trade Mark: Opposition) [2004] UKIntelP o02104 (23 January 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o02104.html
Cite as: [2004] UKIntelP o2104, [2004] UKIntelP o02104
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SILAS (Trade Mark: Opposition) [2004] UKIntelP o02104 (23 January 2004)
For the whole decision click here: o02104
Trade mark decision
- BL Number
- O/021/04
- Decision date
- 23 January 2004
- Hearing officer
- Mr J MacGillivray
- Mark
- SILAS
- Classes
- 14, 16, 18
- Applicant
- Silas & Maria Limited
- Opponent
- Silmar SPA
- 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 SILMAR v SILAS
Summary
The opposition was based on the mark SILMAR registered in Class 14, and was directed at the Class 14 specification. The goods in Class 14 of the application were found by the Hearing Officer to be both identical and similar to the goods in the opponent’s registrations. Not without 'some hesitation' the Hearing Officer found the marks would be distinguished visually. In oral use too he found them distinguishable. There was no conceptual similarity. In the result, having taken account of all relevant factors the Hearing Officer did not find a likelihood of confusion and the opposition under Section 5(2)(b) failed accordingly.
This effectively decided the matter under Section 5(4)(a) also.