Trade mark decision
- BL Number
- Decision date
- 25 November 2004
- Hearing officer
- Mr M Foley
- 29, 30
- Arla Foods Amba
- Molkerei Alois Muller GmbH & Co
- Sections 5(2)(b) & 5(4)(a)
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.
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 50Kb