Trade mark decision

BL Number

O/193/00

Decision date

6 June 2000

Hearing officer

Dr W J Trott

Mark

PARNAS CORDON BLANCHE

Classes

33

Applicants

Cordorniu SA

Opponents

Freixenet SA

Oppositions

(Consolidated) Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. See also under BL O/192/00 where G H Mumm were successful in their opposition to these marks.
• 2. For information CORDON NEGRO means "Black Ribbon" and CORDON BLANCO means "White Ribbon".

Summary

The opponents based their opposition under Section 5(2)(b) on the ownership and use of their registered mark FREIXENET CORDON NEGRO . The Hearing Officer noted from the evidence that CORDON is not unique to the opponents and went on to compare the respective marks PARNAS CORDON BLANCO and FLEIXENET CORDON NEGRO - the goods at issue being sparkling wines. Comparing the marks as wholes the Hearing Officer concluded that the respective marks were not confusingly similar.

Under Section 5(4)(a) - Passing Off - The opponents claimed a goodwill in the CORDON NEGRO element of their registered mark but the Hearing Officer found that the goodwill was in the whole mark as registered together with the use of a black bottle, for their wines. In view of his finding under Section 5(2)(b) when comparing the respective marks, the Hearing Officer concluded that the opponents also failed on this ground.

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