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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> YOU'D BETTER BELIEVE IT (Trade Mark: Invalidity) [2000] UKIntelP o40900 (7 November 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o40900.html
Cite as: [2000] UKIntelP o40900
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YOU'D BETTER BELIEVE IT (Trade Mark: Invalidity) [2000] UKIntelP o40900 (7 November 2000)
For the whole decision click here: o40900
Trade mark decision
- BL Number
- O/409/00
- Decision date
- 7 November 2000
- Hearing officer
- Mr M Reynolds
- Mark
- YOU'D BETTER BELIEVE IT
- Classes
- 29
- Registered Proprietor
- Kerry Group Plc
- Applicants for declarations of invalidity
- Unilever Plc v Van Den Bergh Foods Ltd
- Invalidation
- Section 47(1); 47(2)(a) & 47(2)(b)
Result
Application for declaration of invalidity refused
Points Of Interest
- Comparison of marks: See also BL O/408/00
Summary
This action was related to a parallel opposition - heard on the same day and involving, mutatis mutandis, the same evidence, arguments and submissions. (See also BL O/408/00). The Hearing Officer noted that in this case the similarity between the marks was lessened still further by the alteration of 'BUTTER' TO 'BETTER'. The application for a declaration of invalidity was refused.