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 34Kb