Trade mark decision

BL Number: O/121/99
Decision date: 29 April 1999
Hearing Officer: Mr M Foley
Mark: RUSTIKAL
Classes: 30
Applicant: Boehringer Ingelheim Backmittel GmbH
Opponent: Puratos SA
Opposition: Trade Marks Act 1938, Section 12(1)

Result

Section 12(1) - Opposition succeeded

Points Of Interest

Comparison of the marks. RUSTIC & RUSTICS v RUSTIKAL.

Summary

The opposition was based on the opponents own registrations of their marks RUSTIC and RUSTICS, also in Class 30.

Applying the established tests, the Hearing Officer concluded that the marks had a 'near resemblance' and the goods were similar. He noted that the opponents presently sell solely to the bakery trade, but he also noted that their registration was not confined to that area of trade. The opposition succeeded accordingly, and he did not find anything that would justify an exercise of the Registrar's discretion.

Full decision O/121/99 17Kb