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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ALL -BRAN BUDS (Trade Mark: Opposition) [1999] UKIntelP o32999 (20 September 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o32999.html Cite as: [1999] UKIntelP o32999 |
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For the whole decision click here: o32999
Result
Sections 3(3)(b) and 3(4) - not pursued.
Section 5(2)(b) - opposition failed as marks not confusingly similar
Section 5(4)(a) - opposition failed.
Points Of Interest
Summary
Opponents opposition based on ownership of the registered mark HIBRAN in Class 30 and substantial use of that mark - essentially on bread. Applicants own the marks ALL-BRAN and BRAN BUDS which they use in respect of cereal products. Both parties marks have descriptive connotations and the H/O concluded that the respective marks not confusingly similar.
In view of the fact that the opponents mark is used with house marks no likelihood of confusion in the context of passing off.
