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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 >> AUNTY G’S JOLLY GOOD MEALS (Trade Mark: Opposition) [2003] UKIntelP o09403 (2 April 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o09403.html Cite as: [2003] UKIntelP o09403, [2003] UKIntelP o9403 |
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For the whole decision click here: o09403
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
Summary
(This was one of two related actions; in the other (see BL O/095/03) the positions of the parties as applicants/opponents were reversed). The opposition was based on the opponents application to register the mark ‘auntie G’ in Classes 29, 30 and 35.
The Hearing Officer first recorded his view that the respective goods were identical.
The difference in the marks, he noted, were the different spellings of the word AUNTY/AUNTIE and the addition of the words JOLLY GOOD MEALS in the applicants’ mark. The Hearing Officer also recorded his view that AUNTIE G was an inherently distinctive mark, deserving of a good penumbra of protection.
On a global appreciation he found a likelihood of confusion and the opposition succeeded accordingly.
