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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FROSTIES (Trade Mark: Opposition) [2000] UKIntelP o33700 (11 September 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o33700.html Cite as: [2000] UKIntelP o33700 |
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For the whole decision click here: o33700
Result
Section 3(6) - Opposition successful
Sections 5(3) & 5(4)(a) - Not decided
Points Of Interest
Summary
The opponents own the mark FROSTIES which they have used for many years in relation to cereal. When the applicants predecessors (Trebor) indicated a wish to use the mark FROSTIES they entered into an Agreement with Kelloggs in 1984, later amended by a supplemental agreement in 1992. In the Agreements the applicants undertook to use the mark FROSTIES in close association with their house mark and to use it in relation to specified goods.
Under Section 3(6) the Hearing Officer concluded that if the applicants complied with the Agreements then they could not intend to use the mark as filed. If they did intend to use the mark as filed then they would be in breach of the Agreements. In either case bad faith would arise. Opposition successful on this ground.
Under Sections 5(3) and 5(4)(a) the Hearing Officer decided that there was no need to consider the matter in detail particularly as the evidence filed and the grounds pleaded showed some imprecision.