Trade mark decision

BL Number
O/440/01
Decision date
9 October 2001
Hearing Officer
Dr W J Trott
Mark
RUBY 'S
Classes
42
Applicant
Ruby Tuesday Business Development Incorporated
Opponent
Angela & Mark McGinley
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • None

Summary

The opponents owned the mark RUBY TUESDAY’S for restaurant services etc in Class 42. They filed evidence of use from 1990 in relation to three restaurants in Belfast and the Hearing Officer accepted that they had a local reputation but not a national one which they could pray in aid of their opposition. There was some evidence to show that in use their restaurants were referred to as RUBY’S

As the services at issue were identical the Hearing Officer compared the respective marks RUBY’S and RUBY TUESDAY’S. Visually and aurally the marks were different but they were similar conceptually in that both would be seen as female names. The Hearing Officer concluded that the applicants mark RUBY’S was predisposed to invade the distinctiveness of the opponents mark and as association could arise from conceptual similarity he concluded that there was a likelihood of confusion between the two marks. Opposition succeeded.

Full decision O/440/01 PDF document18Kb