Trade mark decision

BL Number

O/288/01

Decision date

3 July 2001

Hearing officer

Mr M Foley

Mark

MADHUR JAFFREY

Classes

29, 30, 31, 32

Applicant

Madhur Jaffrey

Opponent

Foods & Inns Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed.

Points Of Interest

• None

Summary

The opponents opposition was based on their mark MADHU which they claim has been used in the UK since 1986 in relation to fruits and vegetables. An application has been made to register their mark under No 1560705 (an earlier application) and in respect of which there are opposition proceedings between these two same parties.

The applicant claimed to be a well known actress and television personality who has written a number of cookery books which have been sold in the UK and which have formed the basis of a television series which has been broadcast by the BBC on a number of occasions. The mark MADHUR’S had been used in the UK in relation to foodstuffs by a predecessor in business and all rights in the mark had been transferred to the applicant in 1995.

Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and that the opponents mark was phonetically close to the first word of the applicant’s mark. However, he also considered the word JAFFREY to be a very distinctive element and concluded that in totality there was unlikely to be any confusion between the two marks.