Emanating from an opposed trade mark opposition, Rwanda's Registry recently handed down a decision, where the Registry was called on to consider if the trade marks BIGG BOSS and BIGG POPS, when used in relation to confectionery, were confusingly and deceptively similar. In its decision, the Registry referred to foreign case law which emphasised that (i) both the visual and phonetic similarities between two marks must be considered when assessing potential confusion; and (ii) that the marks under examination cannot be dissected and must be compared holistically. The Registry held that focussing on the individual parts of the two marks is irrelevant and that it is the overall impression that should be considered. In considering if BIGG BOSS and BIGG POPS are confusingly similar, the Registry found that (i) the word “BIGG” and “BOSS” were distinctive, while the word “POPS” was not distinctive in the context of confectionery; and (ii) that the parties' marks were so similar as to be likely to deceive or confuse consumers.
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