Trade mark decision

BL Number

O/077/03

Decision date

29 January 2003

Appointed Person

Professor Ruth Annand

Mark

REVERIES

Classes

30

Applicant

Kraft Foods Schweiz Holding AG

Opponent

Mars UK Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Appeal dismissed.

Points Of Interest

• 1. See also BL O/360/02

Summary

This was an appeal from the Hearing Officer's decision of 29 August 2002 (BL O/360/02) in which he found that the owners of REVELS failed in their opposition to the mark in suit.

The basis of the appeal was that the Hearing Officer did not take full account of the fact that identical goods were at issue; that the opponents' mark had a high distinctive character and that his comparison of the respective marks was flawed. The Appointed Person considered that the Hearing Officer had taken full account of the first two grounds and went on to consider the third in some detail, in particular the visual comparison of the respective marks. Having considered the matter carefully, the Appointed Person decided that the Hearing Officer had not made an error in principle and that she should not interfere with the decision. Appeal dismissed.

Full decision O/077/03 38Kb