Beaches opposition bid failure for Sandals
The recognised holiday provider, Sandals, who are known for their all-inclusive packages for couples, had the holiday from hell on a trip to the UK Intellectual Property Office opposition division.
Sandals Resorts filed an opposition against an application to protect ‘Peaches on beaches’. The application was filed by Natasha and Tehilah McGuiness in a wide range of classes including for clothing, jewellery, alcoholic and non-alcoholic beverages, travel agency services and restaurant services.
Sandals submitted three oppositions against the application, in regard to two marks containing the word ‘beaches’ and one containing the phrase ‘beaches resorts by Sandals’.
The basis of these opposition was the similarity between the services for which the marks were registered and the inclusion of the identical word ‘beaches’ and highly similar word ‘peaches’.
The UK IPO disagreed however and ruled that the visual and conceptual similarity between the marks were low. The office did highlight there was a moderate level of aural similarity and that some of the goods and services were similar, but the Office ruled this was not enough to establish confusion within the public.
Sandals opposition was dismissed on this basis and they were ordered to pay £1,500.00 to the applications.
Sandals do have the opportunity to appeal, but if they chose not to the application will proceed to registration.
If you would like more information on how to protect your brand, please contact The Trademarkroom team today.
By Ellis Sweetenham