Trade mark decision

BL Number
O/234/00
Decision date
5 July 2000
Hearing Officer
Dr W J Trott
Mark
KENCO, THE REAL COFFEE EXPERTS
Classes
30
Applicant
Kraft Jacobs Suchard Limited
Opponent
Nestle UK Ltd
Opposition
Section 3(3)(b) & 3(6)

Result

Section 3(3)(b) - Opposition failed

Section 3(6) - Opposition failed

Points Of Interest

  • None

Summary

The opponents were concerned by the applicants claim to be "The Real Coffee Experts" and filed evidence to show that they had some 50% of the UK market for coffee whereas the applicants had only some 18 of the market. The applicants countered by saying that they had traded in the UK market for some 15 years before the opponents commenced to trade in the UK; also that they had used the phrase in relation to their coffee goods since 1981.

Under Section 3(3)(b) the Hearing Officer failed to see how there could be any deception as he believed the phrase would be regarded by the public as mere advertising puff. In any case the applicants had long experience in this field and extensive user. No instances of confusion or deception had been filed by the opponents and in such circumstances the opposition must fail.

As regards the ground under Section 3(6) - bad faith - the Hearing Officer considered that the opponents had not substantiated their claim by way of evidence. Ground failed.

Full decision O/234/00 PDF document23Kb