Trade mark decision

BL Number

O/329/99

Decision date

20 September 1999

Hearing Officer

Mr M Reynolds

Mark

ALL-BRAN BUDS

Classes

30

Applicants

Kellogg Company

Opponents

Allied Bakeries Ltd

Opposition

Section 5(2)(b), 5(3), 5(4)(a), 3(3)(b) and 3(4)

Result

Sections 3(3)(b) and 3(4) - not pursued.

Section 5(2)(b) - opposition failed as marks not confusingly similar

Section 5(4)(a) - opposition failed.

Points Of Interest

• 1. Where descriptive marks are at issue the comparison of the two marks must be made with this factor in mind.

Summary

Opponents opposition based on ownership of the registered mark HIBRAN in Class 30 and substantial use of that mark - essentially on bread. Applicants own the marks ALL-BRAN and BRAN BUDS which they use in respect of cereal products. Both parties marks have descriptive connotations and the H/O concluded that the respective marks not confusingly similar.

In view of the fact that the opponents mark is used with house marks no likelihood of confusion in the context of passing off.

Full decision O/329/99 20Kb