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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KETTLEBY FOODS ... (Trade Mark: Opposition) [2006] UKIntelP o09506 (10 April 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o09506.html
Cite as: [2006] UKIntelP o9506, [2006] UKIntelP o09506

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KETTLEBY FOODS ... (Trade Mark: Opposition) [2006] UKIntelP o09506 (10 April 2006)

For the whole decision click here: o09506

Trade mark decision

BL Number
O/095/06
Decision date
10 April 2006
Hearing officer
Mr G Salthouse
Mark
KETTLEBY FOODS ...
Classes
29, 30
Applicant
Samworth Brothers Limited
Opponent
Kettle Foods Inc
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

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

Section 5(4)(a): - No finding.

Points Of Interest

Summary

The opposition was based on registrations and use of the mark KETTLE in Classes 29, 30 and 42.

The goods being identical or closely similar the Hearing Officer proceeded to a comparison of the marks, which, in the result, he found to be similar. The claims of honest concurrent use could not assist in this case because the applicant's use had not involved exposure to the public at large. The Hearing Officer found a likelihood of confusion and the Section 5(2)(b) objection succeeded accordingly.

The Hearing Officer did not go on to examine the case under Section 5(4)(a).


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o09506.html