Trade mark decision

BL Number
O/235/07
Decision date
20 August 2007
Hearing Officer
Mr M Reynolds
Mark
MAGIC HOME CHEF
Classes
21
Applicant
Philip Maitland-Kraft
Opponent
Maytag International Inc
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful.

Points Of Interest

  • Comparison of the goods; electrical v non-electrical items of kitchen equipment.

Summary

The opposition was based on the opponents’ mark MAGIC CHEF and device, registered in respect of various items of electrical kitchen apparatus in Classes 7, 9 and 11. The applicant’s specification in Class 21 read “kitchen utensils for pressing and moulding food into rectangular blocks”.

Although all the opponents’ goods were electrical and the applicant’s goods non-electrical the Hearing Officer found a high degree of similarity in them and also in the respective marks. The opposition succeeded accordingly.

Full decision O/235/07 PDF document74Kb