Lidl Stiftung & Co. KG v. A2P International Limited

Lidl Stiftung & Co. KG

Case details

Case no.: O/300/06

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 19 Nov, 2006

Decision

The opponent’s opposition was based on its ownership of the mark NEVADENT in Classes 3 and 21 in respect of dentifrices and toothbrushes. It also filed evidence of use of its mark in relation principally to toothbrushes but that user was modest in respect of the overall market for such goods and the Hearing Officer concluded that the opponent had not proved that its mark had an enhanced reputation through the use make of it and that it did not have a significant reputation as regards the public at large. This latter finding was fatal to its ground under Section 5(3).

Comparison of Trademarks

NEVADENT

MEGADENT