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United Kingdom Intellectual Property Office Decisions
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O OH (two applications) (stylised device) (Trade Mark: Opposition) [2008] UKIntelP o05708 (26 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o05708.html
Cite as:
[2008] UKIntelP o05708,
[2008] UKIntelP o5708
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O OH (two applications) (stylised device) (Trade Mark: Opposition) [2008] UKIntelP o05708 (26 February 2008)
For the whole decision click here: o05708
Trade mark decision
- BL Number
- O/057/08
- Decision date
- 26 February 2008
- Hearing officer
- Mrs A Corbett
- Mark
- O & OH (two applications) (stylised & device)
- Classes
- 05, 35, 39
- Applicants
- Opal Healthcare Limited
- Opponents
- Affinity Petcare SA
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
-
Comparison of the marks; colour differences
Summary
The opposition, which was directed at the Class 5 and 35 goods, only, was based on an earlier mark comprising an orange disc pierced off-centre, by a smaller white disc. The marks applied for comprised a lime green disc with a smaller disc within it in blue; again, off-centre. One of the marks applied for also included a stylised letter H. Although identical goods were involved the differences in the marks, particularly the colour differences, persuaded the Heading Officer that there was no likelihood of confusion.