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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CALCIMILK (Trade Mark: Opposition) [2001] UKIntelP o38701 (7 September 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o38701.html Cite as: [2001] UKIntelP o38701 |
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For the whole decision click here: o38701
Result
Section 3(6) - Opposition dismissed
Section 5(2)(b) - Opposition successful
Section 5(3) - Opposition failed
Section 5(4)(a) - No formal finding
Points Of Interest
Summary
The opposition was based on the opponents' use and registration of their mark CALCIA. Under Section 5(2)(b) the Hearing Officer found a similarity in the marks and identicality in the goods and concluded that a likelihood of confusion existed. The opposition under Section 5(2)(b) succeeded accordingly; a previous history of co-existence on the register did not affect the matter, co-existence in the market might have been a relevant factor. The opponents did not provide evidence of a reputation, consequently the opposition under Section 5(3) failed. The opponents were in no better position under Section 5(4)(a) then under Section 5(2)(b) and could not succeed to a greater extent. The Section 3(6) objection was dismissed as it had been neither supported nor explained.
