Lidl Stiftung & Co. KG v. Mayfair Foods Ltd (O/168/06)

Case details

Plaintiff: Lidl Stiftung & Co. KG

Defendant: Mayfair Foods Ltd

Case no.: O/168/06

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 20 Jun, 2006

Subject matter: Detriment to earlier markConceptual similarityDistinctiveness of the earlier markPhonetic similarity

Decision

The opponent based its opposition on its ownership of a registration in Classes 5 and 29 for the mark MARIBEL. In particular the registration in Class 29 covered a range of identical and similar goods as those of the application in suit but its statement of use referred only to “Jams, marmalade, honey and cherries”. The evidence provided in support of the opposition showed significant user from 1994 onwards in respect of the list of goods mentioned above but the use in respect of “cherries” was not well proved and the Hearing Officer declined to include those goods in his consideration.

Comparison of Trademarks

MARIBEL

MAYBELLE

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