Trade mark decision

BL Number
O/382/01
Decision date
4 September 2001
Hearing Officer
Mr J MacGillivray
Mark
GENERATION NEXT
Classes
29, 33
Applicant
Pepisco Inc
Opponent
Space Foods Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful.

Points Of Interest

  • None

Summary

The opponents opposition was based on their ownership of the mark NEXT GENERATION registered for a range of foodstuffs in Cass 30 and beer and soft drinks in Class 32.

Under Section 5(2)(b) the Hearing Officer had little difficulty in deciding that the respective marks GENERATION NEXT and NEXT GENERATION were confusingly similar and went on to consider the similarity of the respective goods. Comparing the applicants alcoholic goods in Class 33 with the opponents goods in Class 32 which included beer, he found them to be similar. However, no similarity existed between the applicants goods in Class 29 when compared to the opponents goods in Class 30.

Full decision O/382/01 PDF document18Kb