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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ARTE OF CERRUTI 1881 (Trade Mark: Opposition) [1999] UKIntelP o10299 (31 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o10299.html
Cite as: [1999] UKIntelP o10299
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ARTE OF CERRUTI 1881 (Trade Mark: Opposition) [1999] UKIntelP o10299 (31 March 1999)
For the whole decision click here: o10299
Trade mark decision
- BL Number
- O/102/99
- Decision date
- 31 March 1999
- Hearing officer
- Mr M Reynolds
- Mark
- ARTE OF CERRUTI 1881
- Classes
- 25
- Applicant
- Cerruti 1881
- Opponent
- Jon Adam (Sportswear) Limited
- Opposition
- Section 5(4)(a)*
Result
Section 5(4)(a): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Points Of Interest
- 1. Descriptive marks in foreign languages.
- 2. "The inherent characteristics of the word cannot be conclusive in the context of (passing off)".
Summary
[*Other objections, under Section 3, were not pursued and were withdrawn at the hearing]. The opponents based their oppositions on their own use of the mark ARTE. The applicants contended that the opponents’ mark was a laudatory epithet and a natural way of praising the style of the goods. The Hearing Officer did not accept that such consideration could be decisive in the matter before him, which was one of passing-off. Reviewing the evidence the Hearing Officer concluded that the opponents had a reputation, and there was a real likelihood of confusion and misrepresentation, such that damage would result. The opposition under Section 5(4)(a) succeeded accordingly.