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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> OTTO SANTI (Trade Mark: Opposition) [2002] UKIntelP o05102 (5 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o05102.html
Cite as: [2002] UKIntelP o5102, [2002] UKIntelP o05102

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OTTO SANTI (Trade Mark: Opposition) [2002] UKIntelP o05102 (5 February 2002)

For the whole decision click here: o05102

Trade mark decision

BL Number
O/051/02
Decision date
5 February 2002
Hearing officer
Dr W J Trott
Mark
OTTO SANTI
Classes
33
Applicant
Castelli Del Grevepesa Cantina Sociale Soc. Coop a.r.l
Opponent
Gruppo Italiano Vini SC a.r.l
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

Summary

The opposition was based on the opponents’ mark SANTI, registered in respect of wines, spirits and liqueurs in Class 33. The mark applied for had claimed honest concurrent use.

After reviewing the evidence of use filed by both sides the Hearing Officer described it as ‘modest’ and he concluded that in this case ‘absence of evidence of confusion is no evidence of absence of confusion’. After noting that the goods were identical, the Hearing Officer went on to compare the marks. In this he found that there existed a likelihood of confusion and the opposition succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o05102.html