Trade mark decision

BL Number: O/091/04
Decision date: 31 March 2004
Hearing Officer: Mr M Foley
Mark: SEGA
Classes: 29, 30, 42
Applicant: Sega Enterprises Limited
Opponent: Segafredo-Zanetti S.P.A.
Opposition: Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition partially successful

Section 5(4)(a) - Opposition failed

Points Of Interest

1. Comparison of the marks SEGAFREDO v SEGA.
2. Comparison of the marks SEGALIGHT v SEGA.

Summary

The opposition was based on earlier marks SEGAFREDO and SEGALIGHT (in various formats). Some of the goods/services were the same or similar. Having compared the marks the Hearing Officer eventually concluded on a "global" approach that there was no likelihood of confusion in the case of the SEGAFREDO marks but a likelihood of confusion existed in the case of the SEGALIGHT marks in respect of some of the goods. The opposition under Section 5(2)(b) succeeded partially, therefore, to the extent of a removal of "milk and milk products" from the Class 29 specification, an amendment to the Class 30 specification and a restriction of the Class 42 specification.

The evidence did not support a case under Section 5(4)(a); this ground was dismissed accordingly.

An award of costs was made to the opponents reflecting their partial success.

Full decision O/091/04 52Kb