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United Kingdom Intellectual Property Office Decisions
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CAFE MAMBO (Trade Mark: Opposition) [2000] UKIntelP o39700 (26 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o39700.html
Cite as:
[2000] UKIntelP o39700
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CAFE MAMBO (Trade Mark: Opposition) [2000] UKIntelP o39700 (26 October 2000)
For the whole decision click here: o39700
Trade mark decision
- BL Number
- O/397/00
- Decision date
- 26 October 2000
- Hearing officer
- Mr G Salthouse
- Mark
- CAFE MAMBO
- Classes
- 35
- Applicants
- Big Fish Limited
- Opponents
- Ms Michel Harper
- Opposition
- Section 3(1)(b) & (c) and Section 5(2)(b)
Result
Section 3(1)(b) & (c) - Opposition failed
Section 5(2)(b) - Opposition failed
Points Of Interest
-
1. The Hearing Officer concluded that franchising services (Class 35), even if used in connection with restaurants, bars and cafes were not similar to bar and restaurant services provided to the public (Class 42).
Summary
The opponents opposition based on their ownership of the mark BAR MAMBO (Class 42) in respect of bar services etc. MAMBO is a descriptive word meaning "A Latin American Dance" and the Registrar had raised objections to that mark under Section 3 of the Act. However, the applicant proposed to use its mark in relation to Management Services and franchising and the mark was not directly descriptive in relation to such services. Opposition, therefore, under Section 3 failed.
Under Section 5(2)(b) the Hearing Officer accepted that the respective marks were very similar but concluded that the applicants services and those of the opponent were very dissimilar. Thus the likelihood of confusion was unlikely at the relevant date. Opposition failed.