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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ACTIVE (Trade Mark: Opposition) [2005] UKIntelP o15405 (10 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15405.html
Cite as: [2005] UKIntelP o15405
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ACTIVE (Trade Mark: Opposition) [2005] UKIntelP o15405 (10 June 2005)
For the whole decision click here: o15405
Trade mark decision
- BL Number
- O/154/05
- Decision date
- 10 June 2005
- Hearing officer
- Mr M Reynolds
- Mark
- ACTIVE
- Classes
- 11
- Applicant
- Applied Energy Products Limited
- Opponent
- Hansgrohe AG
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- None
Summary
The opponent’s opposition was based on its ownership of a registration in Class 11 of the mark AKTIVA in respect of the same and similar goods as those of the applicant.
The opponent filed no evidence of use of its mark so the only matter for consideration under Section 5(2)(b) was a normal comparison of the respective marks ACTIVE and AKTIVA. The Hearing Officer noted that ACTIVE would be recognised as a normal English word consisting of two syllables whereas AKTIVA would be recognised as either a foreign or invented word consisting of three syllables. Thus the respective marks were different visually, aurally and conceptually. The Hearing Officer went on to conclude that there was no likelihood of confusion of the public and that the opposition failed