Trade mark decision

BL Number
O/237/03
Decision date
19 August 2003
Hearing Officer
Mr M Reynolds
Mark
COCO DE MER
Classes
03, 04, 05, 10, 11, 14, 16, 18, 20, 22, 24, 25, 28, 29, 30, 32, 35
Applicant
Coco de Mer Limited
Opponent
Chanel Limited
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful.

Section 5(4)(a) - No formal finding.

Points Of Interest

  • 1. Comparison of the marks COCO v COCO DE MER & device.

Summary

The opposition (to the applications in Classes 3, 14, 18 and 25) was based on the opponents’ registrations and use of the mark COCO.

The goods in the classes specified by the opponents were identical; the issue therefore came down to a comparison of the marks and an assessment of the likelihood of confusion.

These assessments having been made, the Hearing Officer owned that it was not an easy matter to decide, since there was scope for more than one view of the mark applied for. In the result, however, he found a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly.

The Hearing Officer made no formal finding under Section 5(4)(a).

Full decision O/237/03 PDF document70Kb