Both parties in cross-opposition proceedings found to have some rights in LUCKY TEA

In cross-opposition proceedings concerning the mark LUCKY TEA, the hearing officer has found that each party had some rights: Mariages Frères owned the earlier rights for household goods in Class 21 and tea and tea-based products in Class 30, while TWG Tea Company had the earlier rights for other foodstuffs in Class 30, including spices, sugar and bread. The case is a reminder of how important it is to file trademark applications to secure the earliest possible filing date.