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.

Full decision O/057/08 100Kb