Trade mark decision

BL Number

O/337/08

Decision date

23 December 2008

Hearing officer

Mr M Reynolds

Mark

MUDDIES

Classes

25

Applicant

Ion Associates Limited

Opponent

Philip Stainton and Jeffrey Stainton

Opposition

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

Result

Section 5(2)(b): Opposition successful Section 5(4)(a): Opposition failed

Points Of Interest

• 1. Comparison of the marks TAYBERRY MUDDIES COLLECTION v MUDDIES.
• 2. Claim of goodwill arising from pre-trading activity.

Summary

The opposition was based on the CTM registration TAYBERRY MUDDIES COLLECTION, in class 25 and use of the mark MUDDIES.

The goods being identical, the matter under Section 5(2)(b), turned essentially on a comparison of the marks. In this the Hearing Officer found “a certain degree of similarity on account of the common element”. Overall, he found a likelihood of confusion. The claimed honest concurrent use had not been of sufficient extent or duration as to enable him to conclude otherwise.

Under Section 5(4)(a) the Hearing Officer found that the opponents had not established a goodwill in the mark MUDDIES at the material date and this part of the opposition failed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o33708.html