Trade mark decision

BL Number
O/409/00
Decision date
7 November 2000
Hearing Officer
Mr M Reynolds
Mark
YOU'D BETTER BELIEVE IT
Classes
29
Registered Proprietor
Kerry Group Plc
Applicants for declarations of invalidity
Unilever Plc v Van Den Bergh Foods Ltd
Invalidation
Section 47(1); 47(2)(a) & 47(2)(b)

Result

Application for declaration of invalidity refused

Points Of Interest

Summary

This action was related to a parallel opposition - heard on the same day and involving, mutatis mutandis, the same evidence, arguments and submissions. (See also BL O/408/00). The Hearing Officer noted that in this case the similarity between the marks was lessened still further by the alteration of 'BUTTER' TO 'BETTER'. The application for a declaration of invalidity was refused.

Full decision O/409/00 PDF document29Kb