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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SARANTOS CHARDONNAY (Trade Mark: Opposition) [2001] UKIntelP o15401 (6 March 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o15401.html
Cite as: [2001] UKIntelP o15401

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SARANTOS CHARDONNAY (Trade Mark: Opposition) [2001] UKIntelP o15401 (6 March 2001)

For the whole decision click here: o15401

Trade mark decision

BL Number
O/154/01
Decision date
6 March 2001
Hearing officer
Mr S Thorley QC
Mark
SARANTOS CHARDONNAY
Classes
33
Applicant
Kingston Estate Wines Pty Ltd
Opponent
Champagne Moet & Chandon
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

Summary

As before the Hearing Officer it was common ground that identical goods were at issue so the only matter to be decided was whether or not the respective marks SARANTOS CHARDONNAY and device of a fish and SARAN were confusingly similar. A further declaration was filed by the opponents, which the Appointed Person allowed, relating to the distinctiveness of the opponents mark SARAN and the possibility of imperfect recollection.

The Appointed Person accepted that the respective word marks SARANTOS and SARON were similar and that the possibility of confusion through imperfect recollection could not be ruled out. However, taking the matter as a whole and approaching it globally, he concluded that the likelihood of confusion was not sufficient to merit allowing the appeal. The Hearing Officer’s decision was, therefore, upheld.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o15401.html