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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VINA SAN PEDRO, THE VINYARD OF... (Trade Mark: Opposition) [2003] UKIntelP o36303 (24 November 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o36303.html Cite as: [2003] UKIntelP o36303 |
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For the whole decision click here: o36303
Result
Section 5(2)(b) - Opposition successful.
Section 5(4)(a) - No formal finding.
Points Of Interest
Summary
The opposition was based on two earlier marks, wine labels, which were essentially SAO PEDRO plus other material, in Class 33. These marks covered port wine, the applications specified "wines". The Hearing Officer considered these to be identical. Had the specification excluded fortified wines they would still have been highly similar, he found.
The distinctive and dominant elements in the marks were the words SAN PEDRO, the other matter being mainly descriptive, he ruled. The marks therefore showed "a reasonably high degree of similarity".
In the result, the Hearing Officer found a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.
The Hearing Officer made no formal finding under Section 5(4)(a) beyond an observation that the opponents would be in no better a position under that head