Trade mark decision

BL Number
O/118/08
Decision date
23 April 2008
Hearing Officer
Mr O Morris
Mark
THE CHOCOLATE AFFAIR & device
Classes
43
Applicant
The Chocolate Affair
Opponent
Linda Barrie
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

  • None

Summary

The opponent owns the trade mark CHOCAFFAIR which is registered in Class 30 in respect of a range of confectionary and chocolate products. The applicant offers a catering service which provides, chocolate fountains and dips.

Both parties filed some evidence of use over the past two years or so. The opponent is based in York and offers her confectionery and chocolate products via the internet whereas the applicant is based in Chelmsford and offers its catering service in the surrounding area. No evidence was filed to show that either mark has an enhanced reputation through use.

Under Section 5(2)(b) the Hearing Officer compared the respective marks and decided that they were similar to a reasonable degree. However, in relation to a comparison of the respective goods and services he conclude there was only a limited degree of similarity. Taking an overall view, and bearing in mind that the respective mark have only an average level of distinctiveness, the Hearing Officer concluded that the services were sufficiently different from the goods for there to be no confusion of the public. Opposition thus failed.

Full decision O/118/08 PDF document94Kb