Trade mark decision

BL Number

O/356/01

Decision date

15 August 2001

Hearing Officer

Mr G Salthouse

Mark

BALLINO

Classes

30

Applicant

Lidl Stiftung & Co KG

Opponent

Mars UK Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - opposition successful

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of registrations for the mark BALISTO in Class 30. Identical goods were therefore at issue. The opponents had little use of their mark so the matter fell to be decided by a straightforward comparison of the respective marks BALLINO and BALISTO. The applicants claimed that the two marks would be pronounced differently but the Hearing Officer concluded that aurally the pre-fixes and suffixes were the same, that the marks were the same length and that both were invented words. He decided that the two marks were so similar visually and aurally that there was a likelihood of confusion at the relevant date. Opposition therefore successful.

Full decision O/356/01 30Kb