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 At the hearing the Section 5(3) ground was withdrawn.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 PDF document52Kb