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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PARADISE BAY (Trade Mark: Opposition) [2007] UKIntelP o05107 (19 February 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o05107.html
Cite as: [2007] UKIntelP o05107, [2007] UKIntelP o5107

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PARADISE BAY (Trade Mark: Opposition) [2007] UKIntelP o05107 (19 February 2007)

For the whole decision click here: o05107

Trade mark decision

BL Number
O/051/07
Decision date
19 February 2007
Hearing officer
Mr M Foley
Mark
PARADISE BAY
Classes
33
Applicants
Continental Wine & Food Limited
Opponents
Société Jas Hennessy & Co
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

Summary

The application was in respect of “fortified wines’. The opposition was based on the opponents’ registered mark LE PARADIS which they claimed to have used in respect of ‘brandy’. The evidence of use of this mark, proof of which they were put to, the Hearing Officer found to be ‘thin to say the least’. Nevertheless, having reviewed it the Hearing Officer concluded that there had been a trade in respect of cognac and that this had been genuine commercial activity.

Having compared the marks, however, the Hearing Officer found them to be not similar. The goods, fortified wines and brandy, he found to be similar. On a global assessment however he found no likelihood of confusion and the opposition failed accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o05107.html