Trade mark decision

BL Number: O/489/01
Decision date: 6 November 2001
Hearing Officer: Mr G Salthouse
Mark: DEVICE ONLY MARK
Classes: 29, 39
Applicant: Robert Wiseman & Sons Limited
Opponent: Ferrero SpA & Soremartec SA
Opposition: Sections 3(1) & 5(2)(b)*

Result

Section 3(1) - Opposition failed.

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

Points Of Interest

Costs: Opposition was not frivolous or vexatious but "there was a lack of care in the evidence provided by the opponents".

Summary

The opposition was based on a number of marks which the opponents claimed were similar to the marks applied for. The Hearing Officer however considered that the mark applied for was not devoid of distinctive character and was not likely to give rise to a likelihood of confusion.

Full decision O/489/01 251Kb