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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RUSTIKAL (Trade Mark: Opposition) [1999] UKIntelP o12199 (29 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12199.html
Cite as: [1999] UKIntelP o12199
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RUSTIKAL (Trade Mark: Opposition) [1999] UKIntelP o12199 (29 April 1999)
For the whole decision click here: o12199
Trade mark decision
- BL Number
- O/121/99
- Decision date
- 29 April 1999
- Hearing officer
- Mr M Foley
- Mark
- RUSTIKAL
- Classes
- 30
- Applicant
- Boehringer Ingelheim Backmittel GmbH
- Opponent
- Puratos SA
- Opposition
- Trade Marks Act 1938, Section 12(1)
Result
Section 12(1) - Opposition succeeded
Section 12(1) - Opposition succeeded
Points Of Interest
- Comparison of the marks. RUSTIC & RUSTICS v RUSTIKAL.
Summary
The opposition was based on the opponents own registrations of their marks RUSTIC and RUSTICS, also in Class 30.
Applying the established tests, the Hearing Officer concluded that the marks had a 'near resemblance' and the goods were similar. He noted that the opponents presently sell solely to the bakery trade, but he also noted that their registration was not confined to that area of trade. The opposition succeeded accordingly, and he did not find anything that would justify an exercise of the Registrar's discretion.