Trade mark decision
- BL Number
- O/181/08
- Decision date
- 30 June 2008
- Hearing Officer
- Mr D Landau
- Mark
- Series of three marks comprising representations of tigers (stylised)
- Classes
- 41, 43
- Applicants
- Bourne Leisure Limited
- Opponents
- Kellogg Company
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful
Points Of Interest
- Comparison of the marks; cartoon tigers
Summary
The opposition was based on the opponents’ mark (a cartoon tiger) registered in a number of classes.
Having reviewed the matter, rejecting in the process a submission that the fame of the opponents’ mark reduced the likelihood of confusion, the Hearing Officer concluded that having regard to the identicality or close proximity of the services and the close similarity of the marks, there existed a likelihood of confusion. The opposition succeeded accordingly.
Full decision O/181/08 
146Kb
