Trade mark decision

BL Number: O/497/02
Decision date: 10 December 2002
Hearing Officer: Mr M Reynolds
Mark: COOKIES & CREAM
Applicant: Kiss FM Radio Ltd & Alexandra Stillman
Opponent: Cream Holdings Ltd
Opposition: Section 5(2)(b)*(* other grounds were cited but without any explanation of their basis)

Result

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

Points Of Interest

Comparison of the mark ‘CREAM’ and device v ‘COOKIES AND CREAM’.

Summary

The opposition was based on the opponents’ CTM application for the mark 'CREAM' and trefoil device. The opponents claimed that the goods and services in Class 9, 16 and 41 were identical with theirs and the services in Class 38 were similar to theirs. The Hearing Officer agreed with this assessment. Having compared the marks, however, and having reviewed the associated evidence and submissions, the Hearing Officer did not find a likelihood of confusion.

Full decision O/497/02 27Kb