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 PDF document43Kb