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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KENCO, THE REAL COFFEE EXPERTS (Trade Mark: Opposition) [2000] UKIntelP o23400 (5 July 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o23400.html
Cite as: [2000] UKIntelP o23400
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KENCO, THE REAL COFFEE EXPERTS (Trade Mark: Opposition) [2000] UKIntelP o23400 (5 July 2000)
For the whole decision click here: o23400
Trade mark decision
- BL Number
- O/234/00
- Decision date
- 5 July 2000
- Hearing officer
- Dr W J Trott
- Mark
- KENCO, THE REAL COFFEE EXPERTS
- Classes
- 30
- Applicant
- Kraft Jacobs Suchard Limited
- Opponent
- Nestle UK Ltd
- Opposition
- Section 3(3)(b) & 3(6)
Result
Section 3(3)(b) - Opposition failed
Section 3(6) - Opposition failed
Points Of Interest
- None
Summary
The opponents were concerned by the applicants claim to be "The Real Coffee Experts" and filed evidence to show that they had some 50% of the UK market for coffee whereas the applicants had only some 18 of the market. The applicants countered by saying that they had traded in the UK market for some 15 years before the opponents commenced to trade in the UK; also that they had used the phrase in relation to their coffee goods since 1981.
Under Section 3(3)(b) the Hearing Officer failed to see how there could be any deception as he believed the phrase would be regarded by the public as mere advertising puff. In any case the applicants had long experience in this field and extensive user. No instances of confusion or deception had been filed by the opponents and in such circumstances the opposition must fail.
As regards the ground under Section 3(6) - bad faith - the Hearing Officer considered that the opponents had not substantiated their claim by way of evidence. Ground failed.