Trade mark decision

BL Number

O/397/00

Decision date

26 October 2000

Hearing officer

Mr G Salthouse

Mark

CAFE MAMBO

Classes

35

Applicants

Big Fish Limited

Opponents

Ms Michel Harper

Opposition

Section 3(1)(b) & (c) and Section 5(2)(b)

Result

Section 3(1)(b) & (c) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

• 1. The Hearing Officer concluded that franchising services (Class 35), even if used in connection with restaurants, bars and cafes were not similar to bar and restaurant services provided to the public (Class 42).

Summary

The opponents opposition based on their ownership of the mark BAR MAMBO (Class 42) in respect of bar services etc. MAMBO is a descriptive word meaning "A Latin American Dance" and the Registrar had raised objections to that mark under Section 3 of the Act. However, the applicant proposed to use its mark in relation to Management Services and franchising and the mark was not directly descriptive in relation to such services. Opposition, therefore, under Section 3 failed.

Under Section 5(2)(b) the Hearing Officer accepted that the respective marks were very similar but concluded that the applicants services and those of the opponent were very dissimilar. Thus the likelihood of confusion was unlikely at the relevant date. Opposition failed.

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