Trade mark decision

BL Number
O/060/01
Decision date
5 February 2001
Hearing Officer
Mr R A Jones
Mark
REFRESHERS
Classes
30
Applicant
Trebor Bassett Limited
Opponent
Swizzels Matlow Limited
Opposition
Section 5(4)(a)

Result

Section 5(4)(a) - Opposition partially successful

Points Of Interest

  • None

Summary

The opponents claimed to have used their REFRESHERS trade mark since 1935 and there had been significant use of the mark, with their house mark MATLOW’S, since that date. The goods in question are chewy confectionery with a powdery centre sold in blocks or long thin strips.

The applicants stated that their REFRESHERS mark was adopted by predecessors in business (Trebor) in 1935 and had been used since that date on "pressed fruit flavoured fizzy sweets".

Under Section 5(4)(a) - Passing Off - the Hearing Officer noted that both parties had long co-existed in the marketplace and that the public had learned to differentiate the respective goods by nature, get-up and housemarks. However, such co-existence was on the basis of both parties specialised use and the Hearing Officer decided that in order to maintain the status quo, which he felt was the right decision, he allowed the applicants application to proceed for a restricted specification which reflected their existing rights.

Full decision O/060/01 PDF document43Kb