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United Kingdom Intellectual Property Office Decisions
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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12199.html
Cite as: [1999] UKIntelP o12199

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RUSTIKAL (Trade Mark: Opposition) [1999] UKIntelP o12199 (29 April 1999)

For the whole decision click here: o12199

Trade mark decision

BL Number
O/121/99
Decision date
29 April 1999
Hearing officer
Mr M Foley
Mark
RUSTIKAL
Classes
30
Applicant
Boehringer Ingelheim Backmittel GmbH
Opponent
Puratos SA
Opposition
Trade Marks Act 1938, Section 12(1)

Result

Section 12(1) - Opposition succeeded

Section 12(1) - Opposition succeeded

Points Of Interest

Summary

The opposition was based on the opponents own registrations of their marks RUSTIC and RUSTICS, also in Class 30.

Applying the established tests, the Hearing Officer concluded that the marks had a 'near resemblance' and the goods were similar. He noted that the opponents presently sell solely to the bakery trade, but he also noted that their registration was not confined to that area of trade. The opposition succeeded accordingly, and he did not find anything that would justify an exercise of the Registrar's discretion.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12199.html