British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
ALL -BRAN BUDS (Trade Mark: Opposition) [1999] UKIntelP o32999 (20 September 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o32999.html
Cite as:
[1999] UKIntelP o32999
[
New search]
[
Printable PDF version]
[
Help]
ALL-BRAN BUDS (Trade Mark: Opposition) [1999] UKIntelP o32999 (20 September 1999)
For the whole decision click here: o32999
Trade mark decision
- BL Number
- O/329/99
- Decision date
- 20 September 1999
- Hearing officer
- Mr M Reynolds
- Mark
- ALL-BRAN BUDS
- Classes
- 30
- Applicants
- Kellogg Company
- Opponents
- Allied Bakeries Ltd
- Opposition
- Section 5(2)(b), 5(3), 5(4)(a), 3(3)(b) and 3(4)
Result
Sections 3(3)(b) and 3(4) - not pursued.
Section 5(2)(b) - opposition failed as marks not confusingly similar
Section 5(4)(a) - opposition failed.
Points Of Interest
-
1. Where descriptive marks are at issue the comparison of the two marks must be made with this factor in mind.
Summary
Opponents opposition based on ownership of the registered mark HIBRAN in Class 30 and substantial use of that mark - essentially on bread. Applicants own the marks ALL-BRAN and BRAN BUDS which they use in respect of cereal products. Both parties marks have descriptive connotations and the H/O concluded that the respective marks not confusingly similar.
In view of the fact that the opponents mark is used with house marks no likelihood of confusion in the context of passing off.