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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> REFRESHERS (Trade Mark: Opposition) [2001] UKIntelP o06001 (5 February 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o06001.html
Cite as: [2001] UKIntelP o6001, [2001] UKIntelP o06001
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REFRESHERS (Trade Mark: Opposition) [2001] UKIntelP o06001 (5 February 2001)
For the whole decision click here: o06001
Trade mark decision
- BL Number
- O/060/01
- Decision date
- 5 February 2001
- Hearing officer
- Mr R A Jones
- Mark
- REFRESHERS
- Classes
- 30
- Applicant
- Trebor Bassett Limited
- Opponent
- Swizzels Matlow Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition partially successful
Points Of Interest
- None
Summary
The opponents claimed to have used their REFRESHERS trade mark since 1935 and there had been significant use of the mark, with their house mark MATLOW’S, since that date. The goods in question are chewy confectionery with a powdery centre sold in blocks or long thin strips.
The applicants stated that their REFRESHERS mark was adopted by predecessors in business (Trebor) in 1935 and had been used since that date on "pressed fruit flavoured fizzy sweets".
Under Section 5(4)(a) - Passing Off - the Hearing Officer noted that both parties had long co-existed in the marketplace and that the public had learned to differentiate the respective goods by nature, get-up and housemarks. However, such co-existence was on the basis of both parties specialised use and the Hearing Officer decided that in order to maintain the status quo, which he felt was the right decision, he allowed the applicants application to proceed for a restricted specification which reflected their existing rights.