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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CLUB ENERGISE (Trade Mark: Inter Partes) [2006] UKIntelP o21506 (1 August 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o21506.html
Cite as: [2006] UKIntelP o21506

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CLUB ENERGISE (Trade Mark: Inter Partes) [2006] UKIntelP o21506 (1 August 2006)

For the whole decision click here: o21506

Trade mark decision

BL Number
O/215/06
Decision date
1 August 2006
Hearing officer
Mr G Salthouse
Mark
CLUB ENERGISE
Classes
32
Applicant
Cantrell & Cochrane (Belfast) Ltd
Opponent
Schweppes International Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents’ mark INERGIZE, registered in Classes 30 and 32.

It was common ground that the goods in Class 32 were identical. The Hearing Officer therefore turned to a comparison of the marks. In the result he found that considering these marks as wholes, the differences outweighed the similarities. Overall, he found no likelihood of confusions and the opposition failed accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o21506.html