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United Kingdom Intellectual Property Office Decisions
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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o49702.html
Cite as: [2002] UKIntelP o49702

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COOKIES CREAM (Trade Mark: Opposition) [2002] UKIntelP o49702 (10 December 2002)

For the whole decision click here: o49702

Trade mark decision

BL Number
O/497/02
Decision date
10 December 2002
Hearing officer
Mr M Reynolds
Mark
COOKIES & CREAM
Applicant
Kiss FM Radio Ltd & Alexandra Stillman
Opponent
Cream Holdings Ltd
Opposition
Section 5(2)(b)*(* other grounds were cited but without any explanation of their basis)

Result

Section 5(2)(b) - Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents’ CTM application for the mark 'CREAM' and trefoil device. The opponents claimed that the goods and services in Class 9, 16 and 41 were identical with theirs and the services in Class 38 were similar to theirs. The Hearing Officer agreed with this assessment. Having compared the marks, however, and having reviewed the associated evidence and submissions, the Hearing Officer did not find a likelihood of confusion.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o49702.html