Trade mark decision

BL Number
O/408/00
Decision date
7 November 2000
Hearing Officer
Mr M Reynolds
Mark
"YOU'D BUTTER BELIEVE IT"
Classes
29
Applicant
Kerry Group Plc
Opponent
Unilever Plc & Van Den Bergh Foods Limited
Opposition
Sections 3(3)(a); 3(3)(b); 3(4); 5(2)(b); 5(3); 5(4)(a) & 32(3)

Result

Section 3 - Opposition failed.

Section 5 - Opposition failed.

Points Of Interest

  • Comparison of marks

Summary

The opposition was based on the opponents’ use and registrations of the mark "I CAN’T BELIEVE IT'S NOT BUTTER". At the outset the Hearing Officer dismissed the Section 3(3)(a) and Section 3(4) grounds. Under Section 5(2), following a lengthy consideration of the matter, the Hearing Officer was not persuaded that there was a likelihood of confusion. The opposition under Section 3(3)(b) failed also, as did the Section 3(6) ground (there is no ground of opposition under Section 32(3)).

Full decision O/408/00 PDF document32Kb