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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MAGIC HOME CHEF (Trade Mark: Opposition) [2007] UKIntelP o23507 (20 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o23507.html
Cite as: [2007] UKIntelP o23507
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MAGIC HOME CHEF (Trade Mark: Opposition) [2007] UKIntelP o23507 (20 August 2007)
For the whole decision click here: o23507
Trade mark decision
- BL Number
- O/235/07
- Decision date
- 20 August 2007
- Hearing officer
- Mr M Reynolds
- Mark
- MAGIC HOME CHEF
- Classes
- 21
- Applicant
- Philip Maitland-Kraft
- Opponent
- Maytag International Inc
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful.
Points Of Interest
- Comparison of the goods; electrical v non-electrical items of kitchen equipment.
Summary
The opposition was based on the opponents’ mark MAGIC CHEF and device, registered in respect of various items of electrical kitchen apparatus in Classes 7, 9 and 11. The applicant’s specification in Class 21 read “kitchen utensils for pressing and moulding food into rectangular blocks”.
Although all the opponents’ goods were electrical and the applicant’s goods non-electrical the Hearing Officer found a high degree of similarity in them and also in the respective marks. The opposition succeeded accordingly.