The confusion test Likelihood of association : The confusion test includes the impression that the two marks, though graphically indistinguishable, may produce in the mind of a customer. If the customer is likely to believe that the goods bearing the mark the subject of the application have a connection with the proprietor of the earlier mark, the later application will be refused.

doi:10.4324/9781843142928-97

Chapter

The confusion test Likelihood of association

ABSTRACT

This is an action for registered trademark infringement and passing off. The plaintiff company, Wagamama Limited, owns and operates a restaurant under the name WAGAMAMA. It is also the proprietor of three registered trademarks. Each mark consists of the word WAGAMAMA. These registrations are in classes 32, 33 and 42 and cover a range of services and goods including restaurant services, catering services, beer, alcoholic and nonalcoholic drinks and mineral water. In this action nothing turns on the precise goods covered by the registrations nor is the validity of any of the registrations in issue.