Lidl Stiftung & Co Kg v. Mayfair Foods Ltd

Lidl Stiftung & Co Kg

Case details

Case no.: O/168/06

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 20 Jun, 2006

Decision

Under Section 5(2)(b) the Hearing Officer accepted that the opponent’s mark was distinctive but did not think the user enhanced that distinctiveness. However, he considered the respective goods similar and went on to compare the respective marks MAYBELLE and MARIBEL. While the two marks shared the same two letters MA and both contained the letters BEL the Hearing Officer thought the marks both visually and phonetically different and he did not think they would be confused by the public. Opposition failed.

Comparison of Trademarks

MARIBEL

MAYBELLE