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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FISH KETTLE (Trade Mark: Opposition) [2007] UKIntelP o26107 (11 September 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o26107.html
Cite as: [2007] UKIntelP o26107
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FISH KETTLE (Trade Mark: Opposition) [2007] UKIntelP o26107 (11 September 2007)
For the whole decision click here: o26107
Trade mark decision
- BL Number
- O/261/07
- Decision date
- 11 September 2007
- Hearing officer
- Mr D Landau
- Mark
- FISH KETTLE
- Classes
- 43
- Applicant
- Heighrow Limited
- Opponent
- Kettle Food Inc
- Opposition
- Sections: 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition Successful Section 5(3): Opposition Failed Section 5(4)(a): Opposition Failed
Points Of Interest
- Comparison of the marks KETTLE v FISH KETTLE
Summary
The opposition was based on a number of ‘KETTLE’ registrations; for the purposes of Section 5(2)(b) the Hearing Officer selected a registration of ‘KETTLE’ in Class 43, as presenting the opponents best chance under that section. The services were identical and the marks were highly similar. Overall, there was a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly. Under Section 5(3), however, the Hearing Officer found that the opponent had a reputation only in respect of ‘crisps, tortilla chips and dips’ it was unlikely that customers for the applicants services would see any link with the opponents goods. The Section 5(3) objection was dismissed. The same distance between the goods in respect of which the opponents has a goodwill and the service specified in the application resulted in the dismissal of the Section 5(4)(a) objection also.