Trade mark decision

BL Number

O/193/98

Decision date

7 October 1998

Hearing Officer

Dr W J Trott

Mark

LEMONHEAD

Classes

32, 33

Applicant

Carlsberg-Tetley Brewing Limited

Opponent

Ferrara Pan Candy Co Inc

Opposition

Sections 5(2)(a) & 5(3)

Result

Section 5(2)(a): - Opposition failed.

Section 5(3): - Opposition failed.

Points Of Interest

• 1. None

Summary

The opponents opposition was based on their ownership of a registration for the mark LEMONHEAD in Class 30 in respect of sweets, confectionery etc. They also claimed use of their mark and filed details of modest sales of some £12,000 per year for the three years prior to the relevant date. Sales were through one UK wholesaler and retail sales were claimed through Woolworth, Nurdin & Peacock, Bookers etc.

Under Section 5(2)(a) the Hearing Officer noted that the respective marks were identical and went on to compare the opponents confectionery goods with the applicants goods of alcoholic beverages flavoured with lemonade and lemonade. Applying the tests set down in the TREAT case the Hearing Officer concluded that the respective goods were not similar and thus the risk of confusion between the marks was therefore unlikely. Opposition failed on this ground.

Under Section 5(3) the Hearing Officer noted the modest scale of use claimed and doubted that the opponents had a significant reputation in their mark in the UK at the relevant date. Such a finding meant that their ground of opposition under Section 5(3) failed at the outset.

Full decision O/193/98 23Kb