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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VODKA ELEMENTS (Trade Mark: Opposition) [2003] UKIntelP o05003 (19 February 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o05003.html
Cite as: [2003] UKIntelP o05003, [2003] UKIntelP o5003

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VODKA ELEMENTS (Trade Mark: Opposition) [2003] UKIntelP o05003 (19 February 2003)

For the whole decision click here: o05003

Trade mark decision

BL Number
O/050/03
Decision date
19 February 2003
Hearing officer
Mr J MacGillivray
Mark
VODKA ELEMENTS
Classes
33
Applicant
Halewood International Limited
Opponent
Sandalford Wines Pty Ltd
Opposition
Sections 3(3)(b); 3(4); 3(6); 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition successful.

Sections 3(3)(b); 3(4); 3(6) & 5(4)(a) - No formal finding.

Points Of Interest

Summary

The objections under Section 5 were based on a registration in Class 33 of the mark ELEMENTOS and goodwill in the mark ELEMENT. The Hearing Officer dealt with the matter first under Section 5(2)(b). The goods were identical, he found. On a global appreciation he found the marks visually, aurally and conceptually similar; the customer for the goods was likely to be reasonably careful and discerning but allowance had to be made for imperfect recollection. Considering the position in its totality, he found a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly.

He made no formal findings under the other grounds of objection


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o05003.html