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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> YOGGI (Trade Mark: Opposition) [2004] UKIntelP o34904 (25 November 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o34904.html
Cite as: [2004] UKIntelP o34904
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YOGGI (Trade Mark: Opposition) [2004] UKIntelP o34904 (25 November 2004)
For the whole decision click here: o34904
Trade mark decision
- BL Number
- O/349/04
- Decision date
- 25 November 2004
- Hearing officer
- Mr M Foley
- Mark
- YOGGI
- Classes
- 29, 30
- Applicant
- Arla Foods Amba
- Opponent
- Molkerei Alois Muller GmbH & Co
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Comparison of the marks YOGZ v YOGGI; not similar.
Summary
The opposition was based on various registrations of the mark YOGZ, both stylised and unstylised.
There was no dispute that these covered goods both identical with and similar to the goods in the applicants’ specification.
The Hearing Officer therefore turned to a comparison of the marks and an assessment of the likelihood of confusion.
In the result he found the marks to be 'different' and on a global assessment he found no likelihood of confusion.
The opposition under Section 5(2)(b) failed accordingly. This effectively decided the matter under Section 5(4)(a) also.