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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BALLINO (Trade Mark: Opposition) [2001] UKIntelP o35601 (15 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35601.html
Cite as: [2001] UKIntelP o35601
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BALLINO (Trade Mark: Opposition) [2001] UKIntelP o35601 (15 August 2001)
For the whole decision click here: o35601
Trade mark decision
- BL Number
- O/356/01
- Decision date
- 15 August 2001
- Hearing officer
- Mr G Salthouse
- Mark
- BALLINO
- Classes
- 30
- Applicant
- Lidl Stiftung & Co KG
- Opponent
- Mars UK Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - opposition successful
Points Of Interest
- None
Summary
The opponents opposition was based on their ownership of registrations for the mark BALISTO in Class 30. Identical goods were therefore at issue. The opponents had little use of their mark so the matter fell to be decided by a straightforward comparison of the respective marks BALLINO and BALISTO. The applicants claimed that the two marks would be pronounced differently but the Hearing Officer concluded that aurally the pre-fixes and suffixes were the same, that the marks were the same length and that both were invented words. He decided that the two marks were so similar visually and aurally that there was a likelihood of confusion at the relevant date. Opposition therefore successful.