Trade mark decision

BL Number

O/360/99

Decision date

14 October 1999

Hearing officer

Mr M Reynolds

Mark

BETTY'S KITCHEN CORONATION STREET

Classes

29, 30

Applicants

Granada Television Ltd

Opponents

Bettys & Taylors Group Ltd

Opposition

Sections 5(2), 5(3), 5(4)(a) and 3(6)

Result

Section 5(2)(b) - Opposition succeeded. The respective marks held to be confusingly similar.

Section 5(3) - Not considered in view of finding under Section 5(2)(b).

Section 5(4)(a) - Not considered in view of finding under Section 5(2)(b).

Section 3(6) - Opposition succeeded.

Points Of Interest

• 1. Bad Faith: If evidence is filed to show that the applicants use their mark in a different form from that filed, this may be sufficient to make a finding of "bad faith".

Summary

Opponents opposition based on ownership and use of a number of registered BETTY'S marks in respect of a range of food products. Extensive evidence filed by both parties. Opponents’ use of long standing but tended to be more local than national. However, some national advertising and also sales via a "BETTY'S by POST" business. Applicants claimed some use of their mark but such use was in a different style from that applied for. In use the elements BETTY’S KITCHEN and CORONATION STREET were separated and not presented as a composite mark.

Applicants had previously attempted to register the mark BETTY'S KITCHEN but had withdrawn that mark because of the opponents' objections. The opponents claimed the present application was made in bad faith (Section 3(6)) since the opponents did not intend to use the mark in the form applied for. Opposition successful under both Sections 5(2) and Section 3(6).

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