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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> YOU'D BUTTER BELIEVE IT (Trade Mark: Opposition) [2000] UKIntelP o40800 (7 November 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o40800.html
Cite as: [2000] UKIntelP o40800
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"YOU'D BUTTER BELIEVE IT" (Trade Mark: Opposition) [2000] UKIntelP o40800 (7 November 2000)
For the whole decision click here: o40800
Trade mark decision
- BL Number
- O/408/00
- Decision date
- 7 November 2000
- Hearing officer
- Mr M Reynolds
- Mark
- "YOU'D BUTTER BELIEVE IT"
- Classes
- 29
- Applicant
- Kerry Group Plc
- Opponent
- Unilever Plc & Van Den Bergh Foods Limited
- Opposition
- Sections 3(3)(a); 3(3)(b); 3(4); 5(2)(b); 5(3); 5(4)(a) & 32(3)
Result
Section 3 - Opposition failed.
Section 5 - Opposition failed.
Points Of Interest
- Comparison of marks
Summary
The opposition was based on the opponents’ use and registrations of the mark "I CAN’T BELIEVE IT'S NOT BUTTER". At the outset the Hearing Officer dismissed the Section 3(3)(a) and Section 3(4) grounds. Under Section 5(2), following a lengthy consideration of the matter, the Hearing Officer was not persuaded that there was a likelihood of confusion. The opposition under Section 3(3)(b) failed also, as did the Section 3(6) ground (there is no ground of opposition under Section 32(3)).