Trade mark decision

BL Number

O/132/98

Decision date

19 June 1998

Hearing officer

Mr S J Probert

Mark

HURRY ME A CURRY

Classes

29, 42

Applicants

Arshad Javed

Opponents

Mohammed Hanif

Opposition

Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3(6) - no formal finding

Section 5(2)(b) - opposition successful

Section 5(3) - no formal finding

Section 5(4)(a) - no formal finding

Points Of Interest

• Costs: It seemed to the Hearing Officer that the Registrar had accepted the application in error, he was therefore "reluctant to award costs against (either party)." He did, however, make an award against the applicant.

Summary

The registration cited by the opponents was their mark HURRY CURRY, registered in respect of curry powder in Class 30. The Hearing Officer decided the matter solely under Section 5(2). He found an overlap in the specifications. The applicant’s mark, he said, “shouts out the two words - HURRY CURRY. He saw a likelihood of confusion and the opposition succeeded accordingly.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13298.html