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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SEGA (Trade Mark: Opposition) [2004] UKIntelP o09104 (31 March 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o09104.html
Cite as: [2004] UKIntelP o9104, [2004] UKIntelP o09104
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SEGA (Trade Mark: Opposition) [2004] UKIntelP o09104 (31 March 2004)
For the whole decision click here: o09104
Trade mark decision
- BL Number
- O/091/04
- Decision date
- 31 March 2004
- Hearing officer
- Mr M Foley
- Mark
- SEGA
- Classes
- 29, 30, 42
- Applicant
- Sega Enterprises Limited
- Opponent
- Segafredo-Zanetti S.P.A.
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
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.
Summary
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.