Trade mark decision
- BL Number
- O/207/07
- Decision date
- 24 July 2007
- Hearing Officer
- Mr G Salthouse
- Mark
- FAR PEAK FARM & device
- Classes
- 29
- Applicants
- Far Peak Farm Limited
- Opponents
- Kettle Foods Inc.
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)( b): Opposition failed. Section 5(3): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Comparison of the marks; PEAK v FAR PEAK FARM
Summary
The opposition was based on the opponents’ mark PEAK, registered in Class 29 (inter alia). The goods were identical. The Hearing Officer, however, found the marks to be not similar and overall, no likelihood of confusion. The Section 5(2) objection failed accordingly and this effectively decided the Section 5(4) objection also since no deception would occur.
The opponents had not shown the necessary reputation required for a Section 5(3) objection and this ground failed also.
Full decision O/207/07 
138Kb
