Trade mark decision

BL Number

O/131/03

Decision date

12 May 2003

Hearing officer

Mr D Landau

Mark

LAMBERT'S BAY

Classes

25, 33, 42

Applicants

Scottish & Newcastle Plc

Opponents

Lambert GFA

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• Comparison of the goods in Class 33; alcoholic extracts and alcoholic essences not similar to wine and brandy.

Summary

The opposition was based on the opponents’ marks CHATEAU DE LAMBERT, DOMAINE DE LAMBERT and others, registered in respect of wine and brandy, in Class 33. The Hearing Officer, addressing first the similarity of the goods, considered that some were identical, some ‘highly similar,’ some similar and some not similar.

After comparing the marks the Hearing Officer came to the conclusion that there was a likelihood of confusion in respect of some of the Class 33 goods and he directed that that party of the specification should be reduced to “cocktails, alcoholic extracts and alcoholic essences.” In view of this partial success the Hearing Officer awarded an appropriate sum in costs to the opponents.

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