Wasps rugby club blocks slingshot TM
English rugby club Wasps has blocked a slingshot company from registering a trademark at the UK Intellectual Property Office (IPO).
Wasp Products filed to register a ‘Wasp Slingshots’ as a trademark in classes 13 and 28, covering slingshots both as weapons and as sports equipment.
The holding company which owns the rugby team then filed an opposition to the proposed mark, arguing it was likely to cause confusion with its own brand.
Wasps cited a 2014 trademark for the club logo, covering goods like sports equipment, leather, and coaching services in classes 18, 28, and 41.
According to the IPO examiner, the two marks shared the same visually dominant element, which is the use of the word ‘Wasp’ combined with the colours of yellow and black.
“Conceptually the marks are virtually identical only differing in that the applicant’s mark suggests a singular wasp whereas the opponent’s mark conjures an image of more than one of the annoying pests,” the examiner wrote.
The marks also covered identical goods and services, given that slingshots would be covered by “sports equipment” in class 28 in Wasps’ registration, the decision said.
On this basis, the IPO concluded that Wasps’ consumers could likely be confused into thinking that the slingshots were associated with the rugby club.
Wasp Products was ordered to pay costs of £400 ($499) to Wasps.
The IPO has remained active during the COVID-19 pandemic, continuing to process trademark proceedings. The office last month introduced ‘interrupted days’, effectively granting an extension to applicants for submissions.
Delta Airlines earlier this month scored a partial victory at the IPO, after it blocked registration of a rival ‘Sky Club’ trademark covering an airport concierge service.
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