Oasis Stores Ltd’s Trade Mark Application, 1998 RPC 631
Citation: Oasis Stores Ltd’s Trade Mark Application, 1998 RPC 631
Link to case on WorldLII (reference).
Rule of thumb: Where a trade mark reminds a person of another trade mark, but it is obvious that they are different & providing different goods/services, is this a trade mark infringement? As a general rule, no, this is not a trade mark infringement, and an trade mark application can be granted. Organisations can imitate the trade marks of organisations in different sectors/markets (as long as they are not identical and only similar).
Judgment:
If goods have a similar trade mark to someone in a completely different economic sector from them then this trade mark is generally deemed not to be an infringement, ‘.... being reminded of a similar trade mark with a reputation for dis-similar goods does not necessarily amount to taking unfair advantage of the repute of that mark’, at 649
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.