Premier League football club Liverpool has been successful in their defence of two trademark registrations at the UK Intellectual property office (UKIPO).
The two marks in question were for two overlapping, hollow diamond shapes, with one of the marks bearing the phrase ‘SGG Apparel’ written underneath.
Liverpool applied for the marks to be registered in classes 3, 14, 18, 24, 25 and 35 in relation to goods including clothing, toiletries and accessories.
Italian sportswear manufacturer Lotto Sport were behind the opposition claiming that the mark infringed on two of its existing trademarks which were also registered in classes 3, 14, 18, 25 and 35.
The existing Lotto marks are for two overlapping rectangles, in black and white. Lotto Sport claims that their marks have been used continuously for a significantly long period of time for the brand and have been used as part of sponsorships of various sporting events and teams.
The UKIPO ruled in favour of Liverpool football club allowing them to register the two marks.
They said that despite the fact that a large portion of the goods covered by the applied-for mark and earlier marks were either identical or very similar, clothing and similar goods are viewed with specific reference to trademarks appearing on them.
As a result, consumers are used to comparing the marks and picking out the differences between them.
It also said there can be no aural comparison between the applied-for marks and earlier marks as neither of Lotto Sport’s marks has any words and conceptually the two shapes are different one is an interlocking diamond whilst the other is a rectangle.
The UKIPO also ruled that Lotto Sport had failed to show significant use of its marks in the UK so it could not benefit from enhanced distinctiveness.
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