Trade mark decision

BL Number

O/025/06

Decision date

20 January 2006

Hearing Officer

Mr D Landau

Mark

INTERMEZZO COFFEE BAR

Classes

43

Applicant

Gusto UK Limited

Opponent

Sir Terence Orby Conran

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the marks MEZZO v INTERMEZZO COFFEE BAR & device.

Summary

The opposition was based on a registration of the mark MEZZO in Class 42, which, the opponent claimed, had been used in relation to 'catering services, restaurant, cafeteria, bistro, wine bar, food bar, snack bar, and catering establishment services'. These, the Hearing Officer found, were identical with the 'coffee shop and restaurant services' in the applicant's specification.

Following a detailed comparison of the respective marks the Hearing Officer found 'overall' that they were similar. However, he considered that the degree of similarity is, 'not at the top end of the scale but (lies) a little way above the bottom end of the scale'.

He found a likelihood of confusion and the Section 5(2)(b) opposition succeeded accordingly.

Full decision O/025/06 60Kb