Trade mark decision

BL Number
O/367/02
Decision date
10 September 2002
Hearing Officer
Mr D Landau
Mark
THE LITTLE BIG FOOD COMPANY
Classes
29, 30, 31
Applicants
The Little Big Food Company Limited
Opponents
Dailycer Limited
Opposition
Sections 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

  • 1. Comparison of the marks; THE BIG CEREAL COMPANY v THE LITTLE BIG FOOD COMPANY.
  • 2. ‘State of the register’ evidence.

Summary

The opposition was based on the opponents’ registration in Classes 29 and 30, of their mark THE BIG CEREAL COMPANY.

Under Section 5(2)(b) the Hearing Officer first considered the goods in the contending specifications and found them either identical or similar, with the exception of "coffee, tea, cocoa and artificial coffee".

He went on to consider the respective marks, and found these to be not similar. After consideration of the distinctiveness of the marks, he found there to be no likelihood of confusion. The opposition failed accordingly.

Full decision O/367/02 PDF document34Kb