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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CAPTAIN COOK'S (Trade Mark: Opposition) [2005] UKIntelP o00505 (7 January 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o00505.html
Cite as: [2005] UKIntelP o505, [2005] UKIntelP o00505
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CAPTAIN COOK'S (Trade Mark: Opposition) [2005] UKIntelP o00505 (7 January 2005)
For the whole decision click here: o00505
Trade mark decision
- BL Number
- O/005/05
- Decision date
- 7 January 2005
- Hearing officer
- Mr M Reynolds
- Mark
- CAPTAIN COOK'S
- Classes
- 30
- Applicant
- Britannia Biscuits Co (UK) Ltd
- Opponent
- Capitaine Cook
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - No formal finding.
Points Of Interest
- 1. Comparison of the goods; snack foods v biscuits and crackers.
Summary
The application specified "snack goods; potato and/or wheat based snacks; biscuits; crackers". The opponent’s registration of the mark "CAPITAINE COOK" was in respect of "meat, fish, poultry and game; meat extract; preserved, dried and cooked fruits and vegetables; jellies; fruit puree, eggs; milk and milk products; edible oils and fats".
The Hearing Officer lost no time in forming the view that the marks were 'similar to a high degree', and also 'highly distinctive and memorable in relation to the goods at issue"
Having compared the respective specifications, and having noted that 'snack foods' was a term "wide enough", the Hearing Officer confessed that he had not found this an easy matter to decide. In the result he found the opposition successful, but not in relation to "biscuits and crackers".