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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EXERGENICS (Trade Mark: Opposition) [2006] UKIntelP o00906 (6 January 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o00906.html
Cite as: [2006] UKIntelP o00906, [2006] UKIntelP o906
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EXERGENICS (Trade Mark: Opposition) [2006] UKIntelP o00906 (6 January 2006)
For the whole decision click here: o00906
Trade mark decision
- BL Number
- O/009/06
- Decision date
- 6 January 2006
- Hearing officer
- Mr D Landau
- Mark
- EXERGENICS
- Classes
- 28
- Applicant
- Exten Fitness Systems Limited
- Opponent
- Intersport International Corporation GmBh
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful.
Points Of Interest
- 1. Comparison of the marks ENERGETICS v EXERGENICS; visual and phonetic similarity; conceptual dissimilarity.
- 2. Safety issues : see BL 0/308/03.
Summary
The opposition was based on the mark ENERGETICS, registered in respect of goods which the Hearing Officer found to be identical. The matter therefore came down to a comparison of the marks and an assessment of any likelihood of confusion which might arise.
From a careful comparison of the marks the Hearing Officer found that there was a ‘degree of visual and phonetic similarity’. There was ‘conceptual dissimilarity’ but on a global appreciation the Hearing Officer found a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.