Mars UK Limited v. Lidl Stiftung & Co. KG

Mars UK Limited

Case details

Plaintiff: Mars UK Limited

Case no.: O/356/01

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 15 Aug, 2001


The opponents opposition was based on their ownership of registrations for the mark BALISTO in Class 30. Identical goods were therefore at issue. The opponents had little use of their mark so the matter fell to be decided by a straightforward comparison of the respective marks BALLINO and BALISTO. The applicants claimed that the two marks would be pronounced differently but the Hearing Officer concluded that aurally the pre-fixes and suffixes were the same, that the marks were the same length and that both were invented words. He decided that the two marks were so similar visually and aurally that there was a likelihood of confusion at the relevant date. Opposition therefore successful.

Comparison of Trademarks