Trade mark decision
- BL Number
- O/062/00
- Decision date
- 21 February 2000
- Hearing Officer
- Mr M Reynolds
- Mark
- NESSIE
- Classes
- 29, 30
- Applicants
- San Carlo Gruppo Alimentare SpA
- Opponents
- Societe des Produits Nestle SA
- Opposition
- Sections 5(2)(b) & 5(4)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. The status and effect of the existence of a family of marks under the present Act.
Summary
The opposition was based on the opponents’ ‘family of marks’ NESTLE, NESCAFE, NESQUICK etc. The Hearing Officer, however, accepted that ‘NESSIE’ had a strong meaning of its own and thus there was a ‘clear conceptual difference’ between that mark and those of the opponents. The Hearing Officer went on to conclude that in view of this difference confusion leading to misrepresentation would not arise. The opposition therefore failed under both Sections 5(2)(b) and 5(4)(a).
Full decision O/062/00 
60Kb
