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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GIORGIO VENTURI (Trade Mark: Opposition) [2002] UKIntelP o11402 (14 March 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o11402.html Cite as: [2002] UKIntelP o11402 |
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For the whole decision click here: o11402
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
Summary
The opponents opposition was based on his ownership of the mark GIAN MARCO VENTURI in respect of the same and similar goods to those of the applicants.
Only the applicants filed evidence in the proceedings. They claimed use of their mark from 1994 (application dated was 13 May 1997) with turnover of some £270,000 per annum. It was also pointed out that the opponents mark is subject to a disclaimer of exclusive rights in the word VENTURI. Both sides filed written submissions for the Hearing Officer to consider.
Under Section 5(2)(b) it was noted that identical goods were at issue so the dispute rested on a comparison of the respective marks. The Hearing Officer noted that the two marks had the word VENTURI in common so there was some similarity; also conceptually as both marks appeared to be Italian names. However, compared as wholes the marks were different visually and phonetically and, taking account of the disclaimer of the word VENTURI in the opponents mark, he concluded that there was no likelihood of confusion.