Trade mark decision
- BL Number
- O/052/00
- Decision date
- 17 February 2000
- Hearing Officer
- Mr G Salthouse
- Mark
- TEXICANA
- Classes
- 29, 30
- Applicants
- Societe des Produits Nestle S.A.
- Opponents
- La Mexicana Quality Foods Limited
- Opposition
- Sections 5(2), 5(3) & 5(4)
Result
Section 5(2) - Opposition successful in respect of the majority of the goods specified in the application.
Section 5(4) - Opposition successful in respect of the majority of the goods specified in the application.
Points Of Interest
- 1. An instance of a successful opposition under Section 5(4)(a).
Summary
The opposition was based on their registration and use of the mark LA MEXICANA, in Classes 29 and 30. At the hearing the Section 5(3) ground was withdrawn. The Hearing Officer dealt first with grounds under Section 5(4) and concluded that use of the applicants’ mark on the goods specified was likely to lead a substantial number of persons to believe that the goods were those of the opponents. Opposition under Section 5(4) successful. Section 5(2) opposition was also successful. Application allowed to proceed however on a restricted specification.
Full decision O/052/00 
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