Lidl Stiftung & Co. KG v. Scholl Limited (O/098/06)

Case details

Plaintiff: Lidl Stiftung & Co. KG

Defendant: Scholl Limited

Case no.: O/098/06

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 10 Apr, 2006

Subject matter: Likelihood of confusionPhonetic similarityDistinctiveness of the earlier markDescriptive element

Decision

The opponent is the owner of the mark CHIC and device registered in Class 3 in respect of a range of soaps, perfumery, cosmetics etc. The opponent filed evidence of use of its mark but the evidence was not well focused and while the Hearing Officer accepted that the opponent had some goodwill in its mark in relation to styling mousse and hair-spray but no significant reputation.

Comparison of Trademarks

CHIC

CHIC FEET

Related cases

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

Subject matter: Detriment to earlier mark, Conceptual similarity, Distinctiveness of the earlier mark, Phonetic similarity

Avon Products Inc v. Lidl Stiftung & Co. KG

Subject matter: Conceptual similarity, Phonetic similarity, Likelihood of confusion, Distinctiveness

Trademark Registration: DIY vs Professional Service

Filing for trademark registration is something anybody can do with a single online application. Many business owners, however, decide to wait with trademark registration because the process can appear quite complicated at first sight. Applying without a legal representative can be a difficult and time-consuming process. Mistakes and errors are easy to make and can lead to weak trademark protection or the rejection of your trademark registration altogether.

13 good reasons why startups should think about trademark registration from the very start

Approximately 100 million new businesses are established each year [1]. The failure rate of startups is around 90% [2] and while there is a myriad of factors that influence startup success, we do believe that effective brand protection represents one of them. This article thereby presents a concise summary of 13 good reasons why startups should think about trademark registration from the very start.

Stories of our clients: Scramble

”Imagine what kind of startup performance we would see with founders spending 5% of their time on fundraising instead of 50%?” Scramble, founded by Kamil Kurmakayev, presents an elegant solution for startups’ fundraising needs and it is our pleasure to protect this brand that helps others.