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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BALLINO (Trade Mark: Opposition) [2001] UKIntelP o35601 (15 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35601.html
Cite as: [2001] UKIntelP o35601

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BALLINO (Trade Mark: Opposition) [2001] UKIntelP o35601 (15 August 2001)

For the whole decision click here: o35601

Trade mark decision

BL Number
O/356/01
Decision date
15 August 2001
Hearing officer
Mr G Salthouse
Mark
BALLINO
Classes
30
Applicant
Lidl Stiftung & Co KG
Opponent
Mars UK Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - opposition successful

Points Of Interest

Summary

The opponents opposition was based on their ownership of registrations for the mark BALISTO in Class 30. Identical goods were therefore at issue. The opponents had little use of their mark so the matter fell to be decided by a straightforward comparison of the respective marks BALLINO and BALISTO. The applicants claimed that the two marks would be pronounced differently but the Hearing Officer concluded that aurally the pre-fixes and suffixes were the same, that the marks were the same length and that both were invented words. He decided that the two marks were so similar visually and aurally that there was a likelihood of confusion at the relevant date. Opposition therefore successful.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35601.html