Trade mark decision

BL Number
O/003/03
Decision date
3 January 2003
Hearing Officer
Mr S P Rowan
Mark
CULINOX
Classes
08, 21
Applicant
Robert Morrison
Opponent
William Levene Ltd
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • Comparison of the marks CULINARE v CULINOX

Summary

The opposition was based on the opponents’ mark CULINARE, registered in Classes 8 and 21 for items which, the Hearing Officer found, were identical or very similar to those specified in the application. The opponents’ mark, he decided, did not possess a high degree of distinctiveness of itself, its distinctive character had been enhanced through use.

However, having compared the marks and taken account of other relevant factors, the Hearing Officer did not consider that there existed a likelihood of confusion.

The opponents could be in no better a position under Section 5(4)(a), he decided, and hence that ground failed also.

Full decision O/003/03 PDF document40Kb