Trade mark decision
- BL Number
- O/095/06
- Decision date
- 10 April 2006
- Hearing Officer
- Mr G Salthouse
- Mark
- KETTLEBY FOODS ...
- Classes
- 29, 30
- Applicant
- Samworth Brothers Limited
- Opponent
- Kettle Foods Inc
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - No finding.
Points Of Interest
- 1. Comparison of the marks KETTLE v KETTLEBY FOODS and device
- 2. Honest concurrent use; exposure to the public.
Summary
The opposition was based on registrations and use of the mark KETTLE in Classes 29, 30 and 42.
The goods being identical or closely similar the Hearing Officer proceeded to a comparison of the marks, which, in the result, he found to be similar. The claims of honest concurrent use could not assist in this case because the applicant's use had not involved exposure to the public at large. The Hearing Officer found a likelihood of confusion and the Section 5(2)(b) objection succeeded accordingly.
The Hearing Officer did not go on to examine the case under Section 5(4)(a).
Full decision O/095/06 
59Kb
