Trade mark decision

BL Number

O/062/00

Decision date

21 February 2000

Hearing officer

Mr M Reynolds

Mark

NESSIE

Classes

29, 30

Applicants

San Carlo Gruppo Alimentare SpA

Opponents

Societe des Produits Nestle SA

Opposition

Sections 5(2)(b) & 5(4)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. The status and effect of the existence of a family of marks under the present Act.

Summary

The opposition was based on the opponents’ ‘family of marks’ NESTLE, NESCAFE, NESQUICK etc. The Hearing Officer, however, accepted that ‘NESSIE’ had a strong meaning of its own and thus there was a ‘clear conceptual difference’ between that mark and those of the opponents. The Hearing Officer went on to conclude that in view of this difference confusion leading to misrepresentation would not arise. The opposition therefore failed under both Sections 5(2)(b) and 5(4)(a).

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