Trade mark decision

BL Number

O/091/04

Decision date

31 March 2004

Hearing officer

Mr M Foley

Mark

SEGA

Classes

29, 30, 42

Applicant

Sega Enterprises Limited

Opponent

Segafredo-Zanetti S.P.A.

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition partially successful

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. Comparison of the marks SEGAFREDO v SEGA.
• 2. Comparison of the marks SEGALIGHT v SEGA.

Summary

The opposition was based on earlier marks SEGAFREDO and SEGALIGHT (in various formats). Some of the goods/services were the same or similar. Having compared the marks the Hearing Officer eventually concluded on a "global" approach that there was no likelihood of confusion in the case of the SEGAFREDO marks but a likelihood of confusion existed in the case of the SEGALIGHT marks in respect of some of the goods. The opposition under Section 5(2)(b) succeeded partially, therefore, to the extent of a removal of "milk and milk products" from the Class 29 specification, an amendment to the Class 30 specification and a restriction of the Class 42 specification.

The evidence did not support a case under Section 5(4)(a); this ground was dismissed accordingly.

An award of costs was made to the opponents reflecting their partial success.

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