Trade mark decision

BL Number

O/328/99

Decision date

20 September 1999

Hearing officer

Mr M Reynolds

Mark

VALENTIN YUDASHKIN

Classes

03, 25

Applicants

Valentin Yudashkin International SARL

Opponents

Valentino Globe BV

Opposition

5(2)(b)

Result

Section 5(2)(b) - Opposition failed. Marks not confusingly similar

Points Of Interest

• 1. In this case the grounds of opposition were not clearly stated and the H/O had to make a judgment in relation to 5(2)(b). It is important that grounds of opposition should be clearly stated.

Summary

Opposition based on a registered mark in Class 25 consisting of VALENTINO, V device and MISS V. Mark had been used and a reputation in the mark accepted by the H/O. In comparing marks they must be compared as wholes and H/O came to the conclusion in this case that the respective marks are not confusingly similar. Opponents in no better position in relation to Class 3.

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