Trade mark decision

BL Number
O/005/05
Decision date
7 January 2005
Hearing Officer
Mr M Reynolds
Mark
CAPTAIN COOK'S
Classes
30
Applicant
Britannia Biscuits Co (UK) Ltd
Opponent
Capitaine Cook
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - Opposition successful.

Section 5(4)(a): - No formal finding.

Points Of Interest

  • 1. Comparison of the goods; snack foods v biscuits and crackers.

Summary

The application specified "snack goods; potato and/or wheat based snacks; biscuits; crackers". The opponent’s registration of the mark "CAPITAINE COOK" was in respect of "meat, fish, poultry and game; meat extract; preserved, dried and cooked fruits and vegetables; jellies; fruit puree, eggs; milk and milk products; edible oils and fats".

The Hearing Officer lost no time in forming the view that the marks were 'similar to a high degree', and also 'highly distinctive and memorable in relation to the goods at issue"

Having compared the respective specifications, and having noted that 'snack foods' was a term "wide enough", the Hearing Officer confessed that he had not found this an easy matter to decide. In the result he found the opposition successful, but not in relation to "biscuits and crackers".

Full decision O/005/05 PDF document70Kb