For the whole decision click here: o15999
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
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.