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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TOGGO (Trade Mark: Opposition) [2004] UKIntelP o35404 (2 December 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o35404.html
Cite as: [2004] UKIntelP o35404
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TOGGO (Trade Mark: Opposition) [2004] UKIntelP o35404 (2 December 2004)
For the whole decision click here: o35404
Trade mark decision
- BL Number
- O/354/04
- Decision date
- 2 December 2004
- Hearing officer
- Mr J MacGillivray
- Mark
- TOGGO
- Classes
- 09, 14, 16, 21, 25, 28, 35
- Applicant
- RTL Disney Fernsehen GmbH & Co KG
- Opponent
- Finest Brands International Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition against Class 25 successful.
Points Of Interest
- 1. None
Summary
This opposition relates only to Class 25 of the application.
The opponent owns two registrations in Class 25 of the marks TOGGI and TOGGI Rough Country, covering the same and similar goods as those in the applicant's Class 25 application.
As identical and similar goods are at issue the Hearing Officer had only to compare the respective marks under Section 5(2)(b). The Hearing Officer decided that the opponent's best case rested on its TOGGI registration and it was this mark he compared with the applicant's mark which he thought would be recognised and referred to as TOGGO. The Hearing Officer decided that the marks were visually similar and also had some aural similarity. While not conceptually similar imperfect recollection could well be a factor. Overall the Hearing Officer concluded that the respective marks were similar and that the opposition in relation to Class 25 was successful.