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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GENERATION NEXT (Trade Mark: Opposition) [2001] UKIntelP o38201 (4 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o38201.html
Cite as: [2001] UKIntelP o38201
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GENERATION NEXT (Trade Mark: Opposition) [2001] UKIntelP o38201 (4 September 2001)
For the whole decision click here: o38201
Trade mark decision
- BL Number
- O/382/01
- Decision date
- 4 September 2001
- Hearing officer
- Mr J MacGillivray
- Mark
- GENERATION NEXT
- Classes
- 29, 33
- Applicant
- Pepisco Inc
- Opponent
- Space Foods Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
- None
Summary
The opponents opposition was based on their ownership of the mark NEXT GENERATION registered for a range of foodstuffs in Cass 30 and beer and soft drinks in Class 32.
Under Section 5(2)(b) the Hearing Officer had little difficulty in deciding that the respective marks GENERATION NEXT and NEXT GENERATION were confusingly similar and went on to consider the similarity of the respective goods. Comparing the applicants alcoholic goods in Class 33 with the opponents goods in Class 32 which included beer, he found them to be similar. However, no similarity existed between the applicants goods in Class 29 when compared to the opponents goods in Class 30.