The opposition was based on the opponents’ earlier mark PRESERVEX, in Class 5. The Hearing Officer concluded that the marks were not sufficiently similar as to give rise to a likelihood of confusion. The possibility that the marks might be poorly reproduced, in use, could not form part of the Hearing Officer’s considerations, he found. The evidence of use did not support the case under passing off.
Citations:
[2000] UKIntelP o04700
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 12 October 2022; Ref: scu.453749