Trade mark decision

BL Number
O/202/04
Decision date
27 April 2004
Appointed Person
Mr Geoffrey Hobbs QC
Mark
BIG BITES
Classes
25, 42
Applicant
Renown Leisure Limited
Opponent
7-Eleven Incorporated
Opposition
Section 5(2)(b). Appeal to the Appointed Person

Result

Section 5(2)(b) - Appeal allowed.

Appeal to the Appointed Person - Opposition succeeded in respect of Class 42.

Points Of Interest

Summary

In his decision dated 11 November 2003 ( BL O/346/03) the Hearing Officer had concluded in relation to the opposition to the Class 42 application that the opponent's goods in Classes 29 and 30 were only marginally similar to the applicant's services in Class 42 and that, taking account of the descriptive nature of the opponent’s mark BIG BITES, there was little likelihood of confusion. Opposition thus failed.

On appeal the opponent argued that the Hearing Officer had equated the "Provision of food and drink" with the "Preparation of food and drink" and this was an error. The Appointed Person accepted that the specification applied for was wider in scope as compared to that considered by the Hearing Officer and he went on to compare the opponent’s goods with the applicants services. He concluded that they were similar and that as the respective marks were similar there was a likelihood of confusion. Opposition under Section 5(2)(b) thus succeeded.

Full decision O/202/04 PDF document76Kb