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Liverpool FC scores in TM dispute with Lotto Sport

Written by Ellis Sweetenham on 16 May 2019

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Liverpool FC shoots and scores in a trade mark dispute with Lotto Sport, by successfully fighting two oppositions in the UK Intellectual Property Office.

The dispute was initiated by the filing of two trade mark applications, both showing two overlapping diamond shapes, and one including the words SGG Apparel. The applications were filed in a number of classes including clothing, toiletries and accessories.

These applications were opposed by Lotto Sport Italia, who produce sportswear. These oppositions were based on earlier registered marks which featured two overlapping rectangles.

When considering the opposition, the UKIPO considered the similarity of both the marks and the goods and services.

Looking first at the goods and services, the Office has confirmed the goods were identical or highly similar. However, when looking at goods such as clothing, the opposition examiner did highlight that clothing is seen with specific reference to the trade mark on them. Therefore, it is the comparison of the marks which is the key issue.

Lacking in aural and conceptual similarity, it comes down in this case to how visually similar the marks are.

While the Office did recognise some visual similarity, they deemed this not enough for the oppositions to be successful.

Liverpool FC are therefore free to move towards registration with their applications.

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