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Trade mark decision

BL Number: O/044/99
Decision date: 5 February 1999
Hearing officer: Mr A James
Mark: ALLERFREE
Classes: 05
Applicants: The Boots Company Plc
Opponents: Sandoz Limited
Opposition: Sections 5(2)(b), 5(4)(a)

Result

Section 5(2)(b): - Opposition successful.

Section 5(4)(a): - No formal finding.

Points Of Interest

1. "The presence of other similar marks on the register (is) of no assistance to either party in an opposition unless there (is) evidence that some of those marks were in use".

Summary

The opposition was based on the opponents use and registration of their mark ALLER-EZE. The Hearing Officer found a likelihood of confusion under Section 5(2) and made no formal finding under Section 5(4)(a) beyond remarking that, “the result was unlikely to have been any different”.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o04499.html

United Kingdom Intellectual Property Office Decisions

ALLERFREE (Trade Mark: Opposition) [1999] UKIntelP o04499 (5 February 1999)

Trade mark decision

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	United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ALLERFREE (Trade Mark: Opposition) [1999] UKIntelP o04499 (5 February 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o04499.html Cite as: [1999] UKIntelP o4499, [1999] UKIntelP o04499