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United Kingdom Intellectual Property Office Decisions
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SORRENTO (Trade Mark: Opposition) [1998] UKIntelP o12598 (9 June 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o12598.html
Cite as:
[1998] UKIntelP o12598
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SORRENTO (Trade Mark: Opposition) [1998] UKIntelP o12598 (9 June 1998)
For the whole decision click here: o12598
Trade mark decision
- BL Number
- O/125/98
- Decision date
- 9 June 1998
- Hearing officer
- Mr S J Probert
- Mark
- SORRENTO
- Classes
- 25
- Applicants
- Pomodoro Clothing Co Ltd
- Opponents
- Warners (UK) Ltd
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(3)(b) & 3(6)
Result
Section 3(1)(b) - Opposition failed.
Section 3(1)(c) - Opposition failed.
Section 3(3)(b) - Opposition failed.
Section 3(6) - Opposition failed.
Points Of Interest
-
Geographical origin; Section 3(3)(b)
Summary
The Hearing Officer could find no objection to the mark under Section 3(1)(c); in the absence of evidence to the contrary he dismissed this ground. Neither was he convinced that the objection under Section 3(1)(c) was justified despite the fact that Sorrento was a place name. Nor was there any evidence that the public had been or would be deceived as to the geographical origins of clothing sold under the mark SORRENTO. The ground under Section 3(3) failed accordingly. In the absence of evidence establishing bad faith the Section 3(6) objection could not be sustained.