Trade mark decision
- BL Number
- O/421/02
- Decision date
- 14 October 2002
- Hearing Officer
- Mr J MacGillivray
- Mark
- MANGO
- Classes
- 16
- Applicant
- BCA (trading as a partnership)
- Opponent
- Diknah SL
- Opposition
- Sections 5(1) or 5(2)(a) & 5(4)(a)
Points Of Interest
- 1. None
Summary
The oppositions were based on the opponents’ mark MANGO, registered in Class 16.
The Hearing Officer considered that the goods were not, on a narrow interpretation, identical and so he based his examination on Section 5(2)(a).
In this he concluded:
the marks were identical;
the respective goods were similar, despite the difference in the subject matter of the printed publications;
the consumer was likely to consider that they originated from the same undertaking or an economically linked undertaking.
There existed a likelihood of confusion; the opposition under Section 5(2)(a) succeeded accordingly and the case under Section 5(4)(a) was not considered.
Full decision O/421/02 
22Kb
