Trade mark decision

BL Number

O/380/01

Decision date

4 September 2001

Hearing Officer

Mr G Salthouse

Mark

REINDEER NOSES (RUDOLPH'S SPARES)

Classes

30

Applicant

Sweetmasters Limited

Opponent

Rudolph Company LP

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of a number of registrations for the marks RUDOLPH THE RED NOSED REINDEER and device of a reindeer in a range of classes including Class 30. They also claimed rights in the marks RUDOLPH and RUDY, and ownership of the copyright in the song Rudolph the Red Nosed Reindeer. The opponents evidence of use of their various marks was sketchy and no evidence of use in relation to confectionery.

Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and determined that the opponents best case rested on their mark RUDOLPH THE RED NOSED REINDEER which he compared with the applicants mark REINDEER NOSES (RUDOLPH’S SPARES). The Hearing Officer decided that visually and orally the respective marks were somewhat different but accepted that conceptually they were somewhat similar since both marks brought the same character to mind. He concluded, however, that the applicants mark had a significantly different "feel" as compared to the opponents mark and decided that confusion was unlikely.

Full decision O/380/01 31Kb