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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> STALINSKAYA (Trade Mark: Opposition) [2003] UKIntelP o11703 (25 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o11703.html
Cite as: [2003] UKIntelP o11703

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STALINSKAYA (Trade Mark: Opposition) [2003] UKIntelP o11703 (25 April 2003)

For the whole decision click here: o11703

Trade mark decision

BL Number
O/117/03
Decision date
25 April 2003
Hearing officer
Mr J MacGillivray
Mark
STALINSKAYA
Classes
33
Applicants
S C Prodal 94 SRL
Opponents
Spirits International NV
Opposition
Sections 3(3)(b) & 5(2)(b)

Result

Section 3(3)(b) - No formal finding.

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

Points Of Interest

Summary

The mark applied for was in the form of a vodka label. The opposition as filed was based on a number of vodka labels, STOLICHNAYA and MOSKOVSKAYA. In the event, the opponents relied solely on the STOLICHNAYA registrations.

The respective goods being identical the Hearing Officer turned to a comparison of the marks. In the result he concluded that there was a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly. He made no finding under Section 3(3)(b)



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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o11703.html