Trade mark decision

BL Number

O/437/02

Decision date

23 October 2002

Hearing Officer

Mr M Knight

Mark

LIFE SAVERS (Device)

Classes

30

Applicant

Kraft Food Holdings, Inc

Opponent

Société Des Produits Nestlé SA

Opposition

Sections 5(2)(b); 5(4)(a) & 56

Result

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

Section 5(4)(a): - Opposition failed.

Points Of Interest

• 1. Paris Convention : Article 6 bis : interpretation.
• 2. Comparison of the marks : words v shapes.
• 3. Goodwill : use in other countries.

Summary

This was one of four closely related actions. The Hearing Officer's reasons and findings were essentially the same, mutatis mutandis, as in BL O/436/02 qv with additional considerations as to reputation, and goodwill, necessary in view of the applicants nationality in this case.

Full decision O/437/02 712Kb