Trade mark decision

BL Number

O/102/99

Decision date

31 March 1999

Hearing officer

Mr M Reynolds

Mark

ARTE OF CERRUTI 1881

Classes

25

Applicant

Cerruti 1881

Opponent

Jon Adam (Sportswear) Limited

Opposition

Section 5(4)(a)*

Result

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

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

Points Of Interest

• 1. Descriptive marks in foreign languages.
• 2. "The inherent characteristics of the word cannot be conclusive in the context of (passing off)".

Summary

[*Other objections, under Section 3, were not pursued and were withdrawn at the hearing]. The opponents based their oppositions on their own use of the mark ARTE. The applicants contended that the opponents’ mark was a laudatory epithet and a natural way of praising the style of the goods. The Hearing Officer did not accept that such consideration could be decisive in the matter before him, which was one of passing-off. Reviewing the evidence the Hearing Officer concluded that the opponents had a reputation, and there was a real likelihood of confusion and misrepresentation, such that damage would result. The opposition under Section 5(4)(a) succeeded accordingly.

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