Trade mark decision

BL Number: O/159/99
Decision date: 10 June 1999
Hearing Officer: Mr M Reynolds
Mark: DELICE
Classes: 29
Applicant: Sudmilch AG
Opponent: Compagnie Laitiere Besnier
Opposition: Section 1(1); 3(3)(b); 3(6); 5(2)(b) & 5(4)(a)

Result

Section1(1) - opposition failed

Section 3(3)(b) - opposition failed

Section 3(6) - opposition failed

Section 5(2)(b) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

The Hearing Officer's comments under Section 3(6) have since been incorporated in 7-213 of Kerly's but under the reference BL O/162/99

Summary

The opponents were proprietors of the registration BRIDELICE in Class 29. The Hearing Officer found no objections to the mark under Sections 1(1) and 3(1)(a). The objections under the other provisions of Section 3 were based on relative rather than absolute grounds and hence were quickly dismissed. Under Section 5(2)(b) the Hearing Officer had to compare DELICE with BRIDELICE. Having done so he found no likelihood of confusion and went on to consider the matter under Section 5(4)(a). This ground failed, however, because the opponents had not demonstrated the requisite goodwill and reputation in the UK.

Full decision O/159/99 32Kb