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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LAMBRINI (Trade Mark: Opposition) [2000] UKIntelP o42400 (21 November 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o42400.html Cite as: [2000] UKIntelP o42400 |
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For the whole decision click here: o42400
Result
Section 5(2)(b) - Opposition succeeded
Points Of Interest
Summary
The applicant’s application in Class 33 was in respect of "Perry" so there was direct conflict with the opponents who had a registration for the mark LAMBERTI for wines. The conflict under Section 5(2)(b) fell to be decided on a comparison of the respective marks. The opponents had only modest use of their mark in respect of grape wines. While the applicant’s mark included a label, the most prominent element was the word LAMBRINI and the Hearing Officer compared this word with the opponents mark LAMBERTI. The Hearing Officer concluded that both marks were invented; that the first four letters were common; that the letter ‘I’ termination might be seen as indicating Italian words and that visually the marks were very similar. He decided, therefore, that there was a likelihood of confusion.