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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BOLSKOFF (Trade Mark: Opposition) [1999] UKIntelP o06699 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06699.html
Cite as: [1999] UKIntelP o6699, [1999] UKIntelP o06699

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BOLSKOFF (Trade Mark: Opposition) [1999] UKIntelP o06699 (3 March 1999)

For the whole decision click here: o06699

Trade mark decision

BL Number
O/066/99
Decision date
3 March 1999
Hearing officer
Mr G Salthouse
Mark
BOLSKOFF
Classes
33
Applicants
Frank Boyd
Opponents
Distilleerderijen Erven Lucas Bols B.V.
Opposition
Sections 3(6); 5(2)(b) & 5(4)(a)

Result

Section 3(6): - Opposition dismissed.

Section 3(6): - Opposition dismissed.

Section 5(2)(b): - Opposition successful.

Section 5(2)(b): - Opposition successful.

Section 5(4)(a): - Opposition successful.

Section 5(4)(a): - Opposition successful.

Points Of Interest

Summary

The opposition was based on various registrations of marks consisting of or including the word BOLS (one such being BOLSKAYA) in respect of identical goods. No evidence was offered respecting the allegation under Section 3(6) and this ground was dismissed. In view of the similarity of the marks, the Hearing Officer concluded that there was a likelihood of confusion and the Section 5(2)(b) ground succeeded accordingly. The Hearing Officer went on to find for the opponents under Section 5(4)(a) also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06699.html