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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FROSTBITES (Trade Mark: Opposition) [2001] UKIntelP o32301 (30 July 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o32301.html
Cite as: [2001] UKIntelP o32301

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FROSTBITES (Trade Mark: Opposition) [2001] UKIntelP o32301 (30 July 2001)

For the whole decision click here: o32301

Trade mark decision

BL Number
O/323/01
Decision date
30 July 2001
Hearing officer
Mr J MacGillivray
Mark
FROSTBITES
Classes
30
Applicant
Societe des Produits Nestle S.A.
Opponent
Kellogg Company & Kellogg Marketing & Sales Co (UK) Ltd
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents’ use and registrations of their mark FROSTIES. Identical goods were involved. Under Section 5(2) the Hearing Officer concluded that the possibility of confusion was "sufficiently remote that it cannot be regarded as a likelihood". The opposition failed accordingly. The absence of a likelihood of confusion also decided the matter under Section 5(4)(a).


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o32301.html