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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CLUB ENERGISE (Trade Mark: Inter Partes) [2006] UKIntelP o21506 (1 August 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o21506.html
Cite as: [2006] UKIntelP o21506
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CLUB ENERGISE (Trade Mark: Inter Partes) [2006] UKIntelP o21506 (1 August 2006)
For the whole decision click here: o21506
Trade mark decision
- BL Number
- O/215/06
- Decision date
- 1 August 2006
- Hearing officer
- Mr G Salthouse
- Mark
- CLUB ENERGISE
- Classes
- 32
- Applicant
- Cantrell & Cochrane (Belfast) Ltd
- Opponent
- Schweppes International Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- Comparison of the marks INERGIZE v CLUB ENERGISE.
Summary
The opposition was based on the opponents’ mark INERGIZE, registered in Classes 30 and 32.
It was common ground that the goods in Class 32 were identical. The Hearing Officer therefore turned to a comparison of the marks. In the result he found that considering these marks as wholes, the differences outweighed the similarities. Overall, he found no likelihood of confusions and the opposition failed accordingly.