Trade mark decision

BL Number
O/097/06
Decision date
10 April 2006
Hearing Officer
Mr G Salthouse
Mark
CARLINI
Classes
29, 30
Applicant
Aldi Stores Limited
Opponent
Fratelli Carli S.P.A.
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

  • 1. Comparison of the marks CARLI v CARLINI; no likelihood of confusion.
  • 2. Surnames.

Summary

The opposition was based on a Community Trade Mark registration of the mark CARLI in Classes 3, 16, 29, 30, 31, 32, 33, 39, 43 and 44.

The Hearing Officer found the goods to be identical or very similar and proceeded to a comparison of the marks. In these he found 'a degree of visual and aural similarity', the only difference being the additional letters NI in the applicant's mark. However, he rejected the opponent's contention that this would be seen as a diminutive form of their mark. He saw them instead as a forename and a surname, and in the result he found no likelihood of confusion.

The Section 5(2)(b) opposition failed, therefore.

Full decision O/097/06 PDF document33Kb