Trade mark decision

BL Number

O/537/01

Decision date

5 December 2001

Hearing Officer

Mr G Salthouse

Mark

JELLY POPS

Classes

29

Applicant

Ice Pops Limited

Opponent

Societe des Produits Nestle SA

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• 1. Comparison of the marks JELLY POPS v JELLY TOTS

Summary

The opposition was based on the opponents’ marks JELLY TOTS registered in Class 30. Noting that the applicants’ specification encompassed the specification by the opponents’ marks, the Hearing Officer concluded that the goods were identical. Comparing the marks however, and when all factors were considered, he found no realistic likelihood of confusion.

Full decision O/537/01 49Kb