The Jolly Hog Group Limited v Porky Whites Limited O/823/22
In the matter of UK Registration no. 3092547 in the name of The Jolly Hog Group Limited in respect of the trade mark “PORKY BLACK” and an application for a declaration of the invalidity thereof by Porky Whites Limited
Jacqueline Reid, instructed by Pennington Manches Cooper, represented Porky Whites Limited in their successful application under s. 5(2)(b) Trade Marks Act 2014 to invalidate the registration of the mark PORKY BLACK in relation to sausages. The PORKY BLACK mark had been registered for a wide range of other goods and services, but the registration was abandoned in respect of all the goods and services, except sausages, early in the proceedings. The PORKY BLACK mark was considered to be too close to the PORKY WHITES mark, used for sausages, and in the circumstances, a significant proportion of consumers would believe that “PORKY BLACK” referred to another variety of the Porky Whites Ltd.’s sausages, causing indirect confusion.