Trade mark decision

BL Number

O/125/98

Decision date

9 June 1998

Hearing officer

Mr S J Probert

Mark

SORRENTO

Classes

25

Applicants

Pomodoro Clothing Co Ltd

Opponents

Warners (UK) Ltd

Opposition

Sections 3(1)(b); 3(1)(c); 3(3)(b) & 3(6)

Result

Section 3(1)(b) - Opposition failed.

Section 3(1)(c) - Opposition failed.

Section 3(3)(b) - Opposition failed.

Section 3(6) - Opposition failed.

Points Of Interest

• Geographical origin; Section 3(3)(b)

Summary

The Hearing Officer could find no objection to the mark under Section 3(1)(c); in the absence of evidence to the contrary he dismissed this ground. Neither was he convinced that the objection under Section 3(1)(c) was justified despite the fact that Sorrento was a place name. Nor was there any evidence that the public had been or would be deceived as to the geographical origins of clothing sold under the mark SORRENTO. The ground under Section 3(3) failed accordingly. In the absence of evidence establishing bad faith the Section 3(6) objection could not be sustained.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o12598.html