Trade mark decision
- BL Number
- O/323/01
- Decision date
- 30 July 2001
- Hearing Officer
- Mr J MacGillivray
- Mark
- FROSTBITES
- Classes
- 30
- Applicant
- Societe des Produits Nestle S.A.
- Opponent
- Kellogg Company & Kellogg Marketing & Sales Co (UK) Ltd
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- Comparison of marks FROSTIES v FROSTBITES.
Summary
The opposition was based on the opponents’ use and registrations of their mark FROSTIES. Identical goods were involved. Under Section 5(2) the Hearing Officer concluded that the possibility of confusion was "sufficiently remote that it cannot be regarded as a likelihood". The opposition failed accordingly. The absence of a likelihood of confusion also decided the matter under Section 5(4)(a).
Full decision O/323/01 
22Kb
