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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BOLSKOFF (Trade Mark: Opposition) [1999] UKIntelP o06699 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06699.html
Cite as: [1999] UKIntelP o06699, [1999] UKIntelP o6699
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BOLSKOFF (Trade Mark: Opposition) [1999] UKIntelP o06699 (3 March 1999)
For the whole decision click here: o06699
Trade mark decision
- BL Number
- O/066/99
- Decision date
- 3 March 1999
- Hearing officer
- Mr G Salthouse
- Mark
- BOLSKOFF
- Classes
- 33
- Applicants
- Frank Boyd
- Opponents
- Distilleerderijen Erven Lucas Bols B.V.
- Opposition
- Sections 3(6); 5(2)(b) & 5(4)(a)
Result
Section 3(6): - Opposition dismissed.
Section 3(6): - Opposition dismissed.
Section 5(2)(b): - Opposition successful.
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Points Of Interest
- 1. Comparison of marks. BOLS and BOLSKAYA v BOLSKOFF
Summary
The opposition was based on various registrations of marks consisting of or including the word BOLS (one such being BOLSKAYA) in respect of identical goods. No evidence was offered respecting the allegation under Section 3(6) and this ground was dismissed. In view of the similarity of the marks, the Hearing Officer concluded that there was a likelihood of confusion and the Section 5(2)(b) ground succeeded accordingly. The Hearing Officer went on to find for the opponents under Section 5(4)(a) also.