H J Heinz Co Limited & Plasmon Deitetici Alimentari SpA v. Tesco Stores Limited

H J Heinz Co Limited & Plasmon Deitetici Alimentari SpA

Case details

Plaintiff: H J Heinz Co Limited & Plasmon Deitetici Alimentari SpA

Defendant: Tesco Stores Limited

Case no.: O/141/99

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 25 May, 1999

Subject matter: Likelihood of confusionPhonetic similarityDistinctiveness of the earlier mark

Decision

The opposition was based on the opponents' mark COMPLAN. Under Section 5(2)(b) the Hearing Officer did not find the marks confusable and that ground failed accordingly. This effectively decided the matter under Sections 5(3) and 5(4)(.a) also. The Section 3(6) objection was not supported by any evidence.

Comparison of Trademarks

COMPLAN

TESCO COMPLETE

Related cases

O/196/02

Tesco Stores Limited v. Wal-Mart Stores Inc

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O/043/02

Wal-Mart Stores Inc v. Tesco Stores Limited

Subject matter: Conceptual similarity, Phonetic similarity, Similarity of goods and services

O/141/99

H J Heinz Co Limited & Plasmon Deitetici Alimentari SpA v. Tesco Stores Limited

Subject matter: Likelihood of confusion, Phonetic similarity, Distinctiveness of the earlier mark

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