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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INTERMEZZO COFFEE BAR (Trade Mark: Opposition) [2006] UKIntelP o02506 (20 January 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o02506.html
Cite as: [2006] UKIntelP o2506, [2006] UKIntelP o02506
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INTERMEZZO COFFEE BAR (Trade Mark: Opposition) [2006] UKIntelP o02506 (20 January 2006)
For the whole decision click here: o02506
Trade mark decision
- BL Number
- O/025/06
- Decision date
- 20 January 2006
- Hearing officer
- Mr D Landau
- Mark
- INTERMEZZO COFFEE BAR
- Classes
- 43
- Applicant
- Gusto UK Limited
- Opponent
- Sir Terence Orby Conran
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
- 1. Comparison of the marks MEZZO v INTERMEZZO COFFEE BAR & device.
Summary
The opposition was based on a registration of the mark MEZZO in Class 42, which, the opponent claimed, had been used in relation to 'catering services, restaurant, cafeteria, bistro, wine bar, food bar, snack bar, and catering establishment services'. These, the Hearing Officer found, were identical with the 'coffee shop and restaurant services' in the applicant's specification.
Following a detailed comparison of the respective marks the Hearing Officer found 'overall' that they were similar. However, he considered that the degree of similarity is, 'not at the top end of the scale but (lies) a little way above the bottom end of the scale'.
He found a likelihood of confusion and the Section 5(2)(b) opposition succeeded accordingly.