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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MIRGOFF (Trade Mark: Opposition) [1999] UKIntelP o16599 (16 June 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o16599.html
Cite as: [1999] UKIntelP o16599
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MIRGOFF (Trade Mark: Opposition) [1999] UKIntelP o16599 (16 June 1999)
For the whole decision click here: o16599
Trade mark decision
- BL Number
- O/165/99
- Decision date
- 16 June 1999
- Hearing officer
- Mr D Morgan
- Mark
- MIRGOFF
- Classes
- 33
- Applicant
- Daniel Martin Woods
- Opponent
- Heublein Inc
- Opposition
- Sections 5(2)(b); 5(3) & 56
Result
Section 5(2)(b) - opposition successful
Section 5(2)(b) - opposition successful
Section 5(3) - opposition dismissed
Section 5(3) - opposition dismissed
Section 56 - no formal finding
Section 56 - no formal finding
Points Of Interest
- Comparison of marks: SMIRNOFF v MIRGOFF gave rise to a likelihood of confusion taking account of the visual and aural similarities and imperfect recollection.
Summary
The opponents cited their mark SMIRNOFF as the basis for their opposition. The Hearing Officer, taking into account the "visual and aural similarities of the respective marks and imperfect recollection" was of "the clear view that there (existed) a likelihood of confusion". The opposition therefore succeeded under Section 5(2)(b). The Section 5(3) objection was dismissed because the goods were identical or similar. He made no finding under Section 56.