Trade mark decision

BL Number: O/114/04
Decision date: 27 April 2004
Hearing Officer: Mr M Reynolds
Mark: ELVEDEN IT’S OUR NATURE
Classes: 29, 30, 31, 32, 42
Applicant: Elveden Farms Limited
Opponent: Campina B.V.
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Opposition partially successful in respect of Classes 29 and 30.

Points Of Interest

1. None

Summary

The opponents’ opposition was based on their ownership of registrations of the mark IT’S IN OUR NATURE in Classes 5, 29 and 30 in respect of the same and similar goods as those in the applicants’ application.

In comparing the respective marks ELVEDEN IT’S OUR NATURE and IT’S IN OUR NATURE the Hearing Officer considered the distinctiveness of the opponents' mark. In their evidence the opponents' mark was used as a corporate slogan rather than in direct relation to their products and the Hearing Officer concluded that this mark was likely to have a low level of distinctiveness. Nevertheless, it was almost identical to part of the applicants’ mark and the possibility of confusion as to origin could not be overlooked, particularly as ELVEDEN might be seen as a house mark.

With regard to the respective goods the Hearing Officer identified identical goods in the respective specifications in Classes 29 and 30 and expressed the view that there was likely to be similar goods in these classes and also perhaps in Class 32. Considering the matter overall in the light of the factors identified, the Hearing Officer concluded that there was a likelihood of confusion between the respective marks in the case of identical goods but not otherwise. He thus allowed the applicants’ application to proceed provided they restricted their specifications in Classes 29 and 30.

As both sides were partially successful no costs were awarded to either party.

Full decision O/114/04 31Kb