Procter & Gamble Company v Momeasy Enterprises Limited (Trademark Application 73609 of 2021)
Procter & Gamble Company v Momeasy Enterprises Limited (Trademark Application 73609 of 2021) [2023] UGRSB 11 (24 October 2023)
The Registrar found that the applicant's marks, when assessed as a whole, are visually and phonetically distinguishable from the opponent's marks. The resemblance between the applicant's stylized 'M' and the opponent's heart-rayed device was not sufficient to create a likelihood of confusion, especially considering the color combinations and overall presentation. The goods, while both targeting baby care, fall into different NICE classes and serve different purposes, further reducing the risk of confusion. The applicant's mark was found to be sufficiently distinctive and not descriptive or co…
Source excerpt
- Trademark Registration
- Likelihood Of Confusion
- Distinctiveness
- Bad Faith In Trademark
- Permitted User
- Territoriality Principle