By Heather Williams

Boutique Coffee Brands Ltd (the Applicant) filed an application to register the trade mark for, among other goods, alcoholic beverages in classes 32 and 33, and services relating to the provision on food and drink in class 43. The application was opposed by Chivas Holdings (IP) Ltd (the Opponent) on the basis of SS5(2)(b), 5(3) and 5(4)(a) of the Trade Marks Act 1994.

The Applicant denied all the grounds and a decision was reached on the papers. The opponent relied on blanket arguments pertaining to the similarity of the respective goods and services.