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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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THURSDAY, 3 JANUARY 2008
Dentists' crocodile logo resists assault from Lacoste

clicke here to see particulars of this trade mark

The Times on line edition reports that the crocodile logo for a Gloucestershire dental practice has successfully resisted a trade mark attack from Lacoste.

It was ruled by Professor Ruth Annand, sitting as an Appointed Person, that “[d]ental services are so different to clothing that . . . the average consumer of goods or services in question, who is reasonably well informed and reasonably observant and circumspect, would not make that mistake.”

Moreover it was held that there was no likelihood of confusion between both signs. The decision reportedly stated that:

"The marks have a degree of visual similarity because they both show a reptilian device but that's the extent of the similarities"

"Each creature has clear and marked differences in presentation. Conceptually, I find the marks to be very different.

"The applicant's mark is bound to bring to mind a practice dealing with dentistry. The earlier mark brings to mind a reptile."

Lacoste's appeal was thus rejected.

Posted by: Frédéric Glaize @ 11.03
Tags: opposition, United Kingdom,
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