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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CARLINI (Trade Mark: Opposition) [2006] UKIntelP o09706 (10 April 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o09706.html
Cite as: [2006] UKIntelP o09706, [2006] UKIntelP o9706
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CARLINI (Trade Mark: Opposition) [2006] UKIntelP o09706 (10 April 2006)
For the whole decision click here: o09706
Trade mark decision
- BL Number
- O/097/06
- Decision date
- 10 April 2006
- Hearing officer
- Mr G Salthouse
- Mark
- CARLINI
- Classes
- 29, 30
- Applicant
- Aldi Stores Limited
- Opponent
- Fratelli Carli S.P.A.
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- 1. Comparison of the marks CARLI v CARLINI; no likelihood of confusion.
- 2. Surnames.
Summary
The opposition was based on a Community Trade Mark registration of the mark CARLI in Classes 3, 16, 29, 30, 31, 32, 33, 39, 43 and 44.
The Hearing Officer found the goods to be identical or very similar and proceeded to a comparison of the marks. In these he found 'a degree of visual and aural similarity', the only difference being the additional letters NI in the applicant's mark. However, he rejected the opponent's contention that this would be seen as a diminutive form of their mark. He saw them instead as a forename and a surname, and in the result he found no likelihood of confusion.
The Section 5(2)(b) opposition failed, therefore.