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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CALORMATIC (Trade Mark: Opposition) [2005] UKIntelP o15305 (10 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15305.html
Cite as: [2005] UKIntelP o15305

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CALORMATIC (Trade Mark: Opposition) [2005] UKIntelP o15305 (10 June 2005)

For the whole decision click here: o15305

Trade mark decision

BL Number
O/153/05
Decision date
10 June 2005
Hearing officer
Mr J MacGillivray
Mark
CALORMATIC
Classes
09, 11, 42
Applicant
Vaillant GmbH
Opponent
Calor Gas Limited
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

The opposition was based on a number of registrations of the opponent's CALOR marks. The Hearing Officer decided that the opponent's mark was of an inherently distinctive nature which had been built upon by nurture and consequential reputation. It deserved "a good penumbra of protection". The goods/services were identical/similar, and after comparing the marks, and on a global appreciation, the Hearing Officer concluded that there was a likelihood of confusion. The opposition under Section 5(2)(a) succeeded accordingly.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15305.html