Trade mark decision

BL Number
O/401/01
Decision date
14 September 2001
Hearing Officer
Mr M Foley
Mark
ADPRO
Classes
29
Applicant
Adams Food Ingredients Limited
Opponents
Alpro NV
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful

Section 5(4)(a) - No formal finding

Points Of Interest

  • Comparison of the goods

Summary

The opposition was based on the opponents' mark ALPRO, registered in Class 29 in respect of "proteins included in Class 29 of vegetable origin and in liquid or powder form". The Hearing Officer found a likelihood of confusion and the opposition succeeded under Section 5(2)(b). He also found that a limitation of the specification by the exclusion of sales to retail customers (offered by the applicants), would be of no assistance.

Full decision O/401/01 PDF document23Kb