Trade mark decision

BL Number
Decision date
9 November 2001
Hearing Officer
Mr M Knight
Tropical Delight Limited
Sundor Brands Inc
Section 5(2)(b)


Section 5(2)(b) - Opposition failed

Points Of Interest

  • As the hearing the applicants pointed out that the opponents had not provided details of their registered marks when they filed their opposition. However, the Hearing Officer determined that the applicants had been well aware of the basis of the opponents opposition and he allowed the applicants to file a further declaration to remedy matters.


The opponents opposition was based on their ownership of a number of registrations for the mark SUNNY DELIGHT and variations thereof, in respect of identical goods, and substantial use of that mark for a short period prior to the relevant date. Because of the short period of use the Hearing Officer did not consider that the opponents had an enhanced reputation in their mark.

Identical goods were at issue and the Hearing Officer compared the respective marks SUPREME DELIGHT and SUNNY DELIGHT on a normal and fair use basis under Section 5(2)(b). While the word DELIGHT was common to both marks the Hearing Officer noted that the elements SUPREME and SUNNY were normal dictionary words with their own meaning. He concluded that they were different visually, aurally and conceptually and therefore that the marks as wholes were not confusingly similar. Opposition thus failed.

Full decision O/495/01 PDF document32Kb