Trade mark decision

BL Number
O/337/00
Decision date
11 September 2000
Hearing Officer
Mr M Reynolds
Mark
FROSTIES
Classes
30
Applicant
Trebor Bassett Limited
Opponent
Kellogg Company & Kellogg Marketing & Sales Co (UK) Ltd
Opposition
Sections 3(6), 5(3) and 5(4)(a)

Result

Section 3(6) - Opposition successful

Sections 5(3) & 5(4)(a) - Not decided

Points Of Interest

  • None

Summary

The opponents own the mark FROSTIES which they have used for many years in relation to cereal. When the applicants predecessors (Trebor) indicated a wish to use the mark FROSTIES they entered into an Agreement with Kelloggs in 1984, later amended by a supplemental agreement in 1992. In the Agreements the applicants undertook to use the mark FROSTIES in close association with their house mark and to use it in relation to specified goods.

Under Section 3(6) the Hearing Officer concluded that if the applicants complied with the Agreements then they could not intend to use the mark as filed. If they did intend to use the mark as filed then they would be in breach of the Agreements. In either case bad faith would arise. Opposition successful on this ground.

Under Sections 5(3) and 5(4)(a) the Hearing Officer decided that there was no need to consider the matter in detail particularly as the evidence filed and the grounds pleaded showed some imprecision.

Full decision O/337/00 PDF document24Kb