In December’s CITMA Review, Oliver Tidman comments on how an unrepresented Applicant who was defending trademark opposition was outmatched by heavyweight, Poundland (O/539/19).
Vinod Chopra applied to register the trade marks FIVEPOUNDWORLD and 5POUNDWORLD covering only class 35 services.
Poundland opposed claiming that its marks for POUNDLAND was not only confusingly similar but also had a reputation for all the class 35 services. It also argued Chopra’s marks would take unfair advantage of and be detrimental to the reputation and distinctive character of Poundland’s trade well-known name.
Objecting to a trade mark – key points
- Conceptual, visual and aural similarity was found and yet the possibility of indirect confusion was ruled out
- The common element of the mark was too weak to find a likelihood of confusion
- This decision shows the value of obtaining representation during opposition proceedings
Read the full analysis on the CITMA website.
For information and advice on objecting to a trademark application or defending trademark opposition, please contact us.
Tidman Legal is an Intellectual Property Law Firm based in Edinburgh, specialising in helping startups and small businesses.