Trade mark decision

BL Number

O/159/99

Decision date

10 June 1999

Hearing officer

Mr M Reynolds

Mark

DELICE

Classes

29

Applicant

Sudmilch AG

Opponent

Compagnie Laitiere Besnier

Opposition

Section 1(1); 3(3)(b); 3(6); 5(2)(b) & 5(4)(a)

Result

Section1(1) - opposition failed

Section1(1) - opposition failed

Section 3(3)(b) - opposition failed

Section 3(3)(b) - opposition failed

Section 3(6) - opposition failed

Section 3(6) - opposition failed

Section 5(2)(b) - opposition failed

Section 5(2)(b) - opposition failed

Section 5(4)(a) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

• The Hearing Officer's comments under Section 3(6) have since been incorporated in 7-213 of Kerly's but under the reference BL O/162/99

Summary

The opponents were proprietors of the registration BRIDELICE in Class 29. The Hearing Officer found no objections to the mark under Sections 1(1) and 3(1)(a). The objections under the other provisions of Section 3 were based on relative rather than absolute grounds and hence were quickly dismissed. Under Section 5(2)(b) the Hearing Officer had to compare DELICE with BRIDELICE. Having done so he found no likelihood of confusion and went on to consider the matter under Section 5(4)(a). This ground failed, however, because the opponents had not demonstrated the requisite goodwill and reputation in the UK.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o15999.html