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United Kingdom Intellectual Property Office Decisions
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DANDY (Trade Mark: Opposition) [2002] UKIntelP o06502 (11 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o06502.html
Cite as:
[2002] UKIntelP o6502,
[2002] UKIntelP o06502
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DANDY (Trade Mark: Opposition) [2002] UKIntelP o06502 (11 February 2002)
For the whole decision click here: o06502
Trade mark decision
- BL Number
- O/065/02
- Decision date
- 11 February 2002
- Hearing officer
- Mr M Knight
- Mark
- DANDY
- Classes
- 29, 30, 32
- Applicants
- D C Thomson & Co Limited
- Opponents
- Compagnie Gervais Danone
- Opposition
- Section 5(2)(b)*
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
-
Comparison of the marks (THE) DANDY v DANONE
Summary
The opposition was based on the opponents’ mark DANONE, registered in various formats, sometimes alone, sometimes with other words or devices. The Hearing Officer focussed on those comprising the word DANONE solus, as this comprised the opponents’ best case. After comparison of the marks, in both formats, the Hearing Officer concluded that they were not similar. This decided the matter, but for the record the Hearing Officer noted that similar or identical goods were involved.