TM registered after Sports Direct opposition fails
A trademark filed by a UK business that retail company Sports Direct tried to oppose has been registered at the UK Intellectual Property Office (IPO).
On January 31 this year, Beverley Hedley, hearing officer of the IPO, rejected a trademark opposition brought by Sports Direct against Fitness Direct.
The case centred on a trademark filed in June 2015 by Fitness Direct for the term ‘Fitness Direct’.
The mark covers class 28 for goods such as body building apparatus, shin guards and ankle weights.
Fitness Direct’s mark was registered at the IPO on Friday, March 17.
In its trademark opposition, Sports Direct argued that the similarity of Fitness Direct’s mark to its own registrations would “damage” the company.
Sports Direct owns a number of marks for the term ‘Sports Direct’ at the IPO. They cover goods such as bodybuilding apparatus, footwear and headgear.
Hedley disagreed with Sports Direct’s argument that the word ‘Direct’ in both marks makes them “visually highly similar”.
She said that the marks are “very different to the eye” and “there is a low degree of aural similarity overall”.
Hedley added that there is “no evidence to suggest that the applicant already has a negative reputation for providing poor-quality goods and there is nothing inherent in the applicant’s goods that would cause any form of negative reaction”.
The ruling can be viewed in full here.
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