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Which? asking why following failed UK trade mark opposition

Written by Ellis Sweetenham on 19 September 2018

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The go-to company in the UK for consumer advice, Which? has failed to get the UK Intellectual Property Office to follow their guidance and has failed to oppose another Which mark.

The application in question is for a logo which includes the terms ‘which menu’ and ‘find your favourite dish’. The application was filed by restaurant advice company Which Menu in May 2017, who provide an app giving people information on where to eat.

Which? opposed the application on the grounds that it conflicts with their registered marks, two UK word marks and two logo marks.

The opposition stated that the application mark is visually, aurally and conceptually similar to their earlier marks, and the services are either identical or similar, stating that ‘which’ was the dominant element of the application mark.

Which Menu responded to the opposition, stating the marks are sufficiently different and there is no likelihood of confusion, as ‘which’ was not the dominant element.

The UK Intellectual Property Office, appointed Andrew Feldon to consider the matter.

While he agreed that the element ‘which’ was present in both the application and earlier marks, the application marks had a number of additional elements to them, that the earlier marks lacked. Therefore the level of similarity was low, when the mark is considered as a whole.

On the basis of this, a likelihood of confusion could not be established and the opposition failed.

Which? was ordered to pay £1100.00 in costs to Which Menu.

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