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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ECOCELL (Trade Mark: Inter Partes) [2006] UKIntelP o28906 (12 October 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o28906.html
Cite as: [2006] UKIntelP o28906

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ECOCELL (Trade Mark: Inter Partes) [2006] UKIntelP o28906 (12 October 2006)

For the whole decision click here: o28906

Trade mark decision

BL Number
O/289/06
Decision date
12 October 2006
Hearing officer
Mr G Salthouse
Mark
ECOCELL
Classes
09, 11
Applicants
Eveready (Proprietary) Limited
Opponents
Lidl Stifting & Co KG
Opposition
Sections 5(2)(b) & 5(3)

Result

Opposition, Section 5(2)(b): Failed. Opposition, Section 5(3): Failed.

Points Of Interest

  • Comparison of the goods, batteries v torches and flash lights; “Although complementary, their nature and uses are totally different.”

Summary

The opposition was based on registrations of the opponents’ mark AEROCELL in Class 9.

The Hearing Officer noted that the respective goods in class 9 were clearly identical (batteries). However, he also found that the applicants’ Class 11 goods, “torches and flash-lights”. “Although complementary their nature and uses are totally different.”

Having compared the marks, however, the Hearing Officer found no likelihood of confusion.

The Section 5(3) ground failed also; the opponents’ evidence had not demonstrated reputation, and in any case they had not shown anything demonstrating possible detriment.


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