Trade mark decision

BL Number
O/141/99
Decision date
25 May 1999
Hearing Officer
Mr D Morgan
Mark
TESCO COMPLETE
Classes
05
Applicant
Tesco Stores Limited
Opponent
H J Heinz Co Limited & Plasmon Deitetici Alimentari SpA
Opposition
Section 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - opposition failed

Section 5(2)(b) - opposition failed

Section 5(3) - opposition failed

Section 5(3) - opposition failed

Section 5(4)(a) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

  • None.

Summary

The opposition was based on the opponents' mark COMPLAN. Under Section 5(2)(b) the Hearing Officer did not find the marks confusable and that ground failed accordingly. This effectively decided the matter under Sections 5(3) and 5(4)(.a) also. The Section 3(6) objection was not supported by any evidence.

Full decision O/141/99 PDF document21Kb