Trade mark decision
- BL Number
- Decision date
- 31 March 2004
- Hearing officer
- Mr M Foley
- 29, 30, 42
- Sega Enterprises Limited
- Segafredo-Zanetti S.P.A.
- Sections 5(2)(b) & 5(4)(a)
Section 5(2)(b) - Opposition partially successful
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Comparison of the marks SEGAFREDO v SEGA.
- 2. Comparison of the marks SEGALIGHT v SEGA.
The opposition was based on earlier marks SEGAFREDO and SEGALIGHT (in various formats). Some of the goods/services were the same or similar. Having compared the marks the Hearing Officer eventually concluded on a "global" approach that there was no likelihood of confusion in the case of the SEGAFREDO marks but a likelihood of confusion existed in the case of the SEGALIGHT marks in respect of some of the goods. The opposition under Section 5(2)(b) succeeded partially, therefore, to the extent of a removal of "milk and milk products" from the Class 29 specification, an amendment to the Class 30 specification and a restriction of the Class 42 specification.
The evidence did not support a case under Section 5(4)(a); this ground was dismissed accordingly.
An award of costs was made to the opponents reflecting their partial success.
Full decision O/091/04 52Kb