HOLA S.L. V RYAN FITZGIBBON [2015] ATMO 85

An application was filed by Mr Fitzgibbon to register his trade mark in relation to a magazine publication. There was an initial rejection based on a prior registration owned by Hola S.L., but this was later withdrawn. The respective trade marks are outlined below.

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In a short decision, the Hearing Officer noted that the ‘particularly prominent’ element of both trade marks was the word ‘HELLO’. Given this, and as the trade marks cover the same goods, the Hearing Officer concluded that consumer deception or confusion would be likely to arise.

The opposition was successful under section 44.

To view the Office decision, click here.