Trade mark decision

BL Number
O/132/98
Decision date
19 June 1998
Hearing Officer
Mr S J Probert
Mark
HURRY ME A CURRY
Classes
29, 42
Applicants
Arshad Javed
Opponents
Mohammed Hanif
Opposition
Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3(6) - no formal finding

Section 5(2)(b) - opposition successful

Section 5(3) - no formal finding

Section 5(4)(a) - no formal finding

Points Of Interest

  • Costs: It seemed to the Hearing Officer that the Registrar had accepted the application in error, he was therefore "reluctant to award costs against (either party)." He did, however, make an award against the applicant.

Summary

The registration cited by the opponents was their mark HURRY CURRY, registered in respect of curry powder in Class 30. The Hearing Officer decided the matter solely under Section 5(2). He found an overlap in the specifications. The applicant’s mark, he said, “shouts out the two words - HURRY CURRY. He saw a likelihood of confusion and the opposition succeeded accordingly.

Full decision O/132/98 PDF document109Kb