Trade mark decision

BL Number

O/065/02

Decision date

11 February 2002

Hearing Officer

Mr M Knight

Mark

DANDY

Classes

29, 30, 32

Applicants

D C Thomson & Co Limited

Opponents

Compagnie Gervais Danone

Opposition

Section 5(2)(b)*

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• Comparison of the marks (THE) DANDY v DANONE

Summary

The opposition was based on the opponents’ mark DANONE, registered in various formats, sometimes alone, sometimes with other words or devices. The Hearing Officer focussed on those comprising the word DANONE solus, as this comprised the opponents’ best case. After comparison of the marks, in both formats, the Hearing Officer concluded that they were not similar. This decided the matter, but for the record the Hearing Officer noted that similar or identical goods were involved.

Full decision O/065/02 43Kb