Trade mark decision

BL Number

O/097/06

Decision date

10 April 2006

Hearing officer

Mr G Salthouse

Mark

CARLINI

Classes

29, 30

Applicant

Aldi Stores Limited

Opponent

Fratelli Carli S.P.A.

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

• 1. Comparison of the marks CARLI v CARLINI; no likelihood of confusion.
• 2. Surnames.

Summary

The opposition was based on a Community Trade Mark registration of the mark CARLI in Classes 3, 16, 29, 30, 31, 32, 33, 39, 43 and 44.

The Hearing Officer found the goods to be identical or very similar and proceeded to a comparison of the marks. In these he found 'a degree of visual and aural similarity', the only difference being the additional letters NI in the applicant's mark. However, he rejected the opponent's contention that this would be seen as a diminutive form of their mark. He saw them instead as a forename and a surname, and in the result he found no likelihood of confusion.

The Section 5(2)(b) opposition failed, therefore.

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