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Trade mark decision

BL Number
O/349/04
Decision date
25 November 2004
Hearing officer
Mr M Foley
Mark
YOGGI
Classes
29, 30
Applicant
Arla Foods Amba
Opponent
Molkerei Alois Muller GmbH & Co
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. Comparison of the marks YOGZ v YOGGI; not similar.

Summary

The opposition was based on various registrations of the mark YOGZ, both stylised and unstylised.

There was no dispute that these covered goods both identical with and similar to the goods in the applicants’ specification.

The Hearing Officer therefore turned to a comparison of the marks and an assessment of the likelihood of confusion.

In the result he found the marks to be 'different' and on a global assessment he found no likelihood of confusion.

The opposition under Section 5(2)(b) failed accordingly. This effectively decided the matter under Section 5(4)(a) also.

Full decision O/349/04 PDF document50Kb