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United Kingdom Intellectual Property Office Decisions
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COOKIES CREAM (Trade Mark: Opposition) [2002] UKIntelP o49702 (10 December 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o49702.html
Cite as:
[2002] UKIntelP o49702
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COOKIES CREAM (Trade Mark: Opposition) [2002] UKIntelP o49702 (10 December 2002)
For the whole decision click here: o49702
Trade mark decision
- BL Number
- O/497/02
- Decision date
- 10 December 2002
- Hearing officer
- Mr M Reynolds
- Mark
- COOKIES & CREAM
- Applicant
- Kiss FM Radio Ltd & Alexandra Stillman
- Opponent
- Cream Holdings Ltd
- Opposition
- Section 5(2)(b)*(* other grounds were cited but without any explanation of their basis)
Result
Section 5(2)(b) - Opposition failed.
Points Of Interest
-
Comparison of the mark ‘CREAM’ and device v ‘COOKIES AND CREAM’.
Summary
The opposition was based on the opponents’ CTM application for the mark 'CREAM' and trefoil device. The opponents claimed that the goods and services in Class 9, 16 and 41 were identical with theirs and the services in Class 38 were similar to theirs. The Hearing Officer agreed with this assessment. Having compared the marks, however, and having reviewed the associated evidence and submissions, the Hearing Officer did not find a likelihood of confusion.