Trade mark decision

BL Number
O/062/00
Decision date
21 February 2000
Hearing Officer
Mr M Reynolds
Mark
NESSIE
Classes
29, 30
Applicants
San Carlo Gruppo Alimentare SpA
Opponents
Societe des Produits Nestle SA
Opposition
Sections 5(2)(b) & 5(4)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. The status and effect of the existence of a family of marks under the present Act.

Summary

The opposition was based on the opponents’ ‘family of marks’ NESTLE, NESCAFE, NESQUICK etc. The Hearing Officer, however, accepted that ‘NESSIE’ had a strong meaning of its own and thus there was a ‘clear conceptual difference’ between that mark and those of the opponents. The Hearing Officer went on to conclude that in view of this difference confusion leading to misrepresentation would not arise. The opposition therefore failed under both Sections 5(2)(b) and 5(4)(a).

Full decision O/062/00 PDF document60Kb