Trade mark decision

BL Number

O/315/01

Decision date

20 July 2001

Hearing officer

Dr W J Trott

Mark

TEQUILA

Classes

16, 35

Applicant

Groupe Tequila

Opponent

Tequilo Cuervo SA de CV

Opposition

Sections 3(1)(b); 3(1)(c); 3(1)(d); 3(3)(b) & 5(4)(a)

Result

Section 3(1)(b): - Opposition failed.

Section 3(1)(c): - Opposition failed.

Section 3(1)(d): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

• 1. "Class actions in passing off can succeed, but never has it been shown in cases where the goods are so far apart".
• 2. The words "of the trade" in Section 3(1)(d) qualify both "current language" and "bona fide and established practices".

Summary

The Hearing Officer dealt with the matter first under Section 5(4)(a). He considered, however, that the goods specified in the application were so far removed from the spirit, tequila, that in his view no misrepresentation would be possible. This ground failed accordingly. Under the absolute grounds of Section 3 the Hearing Officer found no valid objections.

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