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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VAL D'ISERE (Trade Mark: Opposition) [2000] UKIntelP o08500 (7 March 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o08500.html
Cite as: [2000] UKIntelP o8500, [2000] UKIntelP o08500
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VAL D'ISERE (Trade Mark: Opposition) [2000] UKIntelP o08500 (7 March 2000)
For the whole decision click here: o08500
Trade mark decision
- BL Number
- O/085/00
- Decision date
- 7 March 2000
- Hearing officer
- Mr G Salthouse
- Mark
- VAL D'ISERE
- Classes
- 25
- Applicant
- Val D'Isere Fashions Limited
- Opponent
- Triumph International Spiesshofer & Braun
- Opposition
- Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(3)(b); 3(4); 5(2)(b); 5(3)(a); 5(3)(b); 5(4)(a) & 5(4)(b)
Result
Section 3 - Opposition failed
Section 5(2) - Opposition successful
Points Of Interest
- None
Summary
The Hearing Officer saw no reason why the mark applied for could not serve as a distinctive trade mark; the grounds under Sections 3(1)(a), 3(1)(b) and 3(1)(c) failed accordingly. The area named by the mark had no reputation for the goods concerned, hence the mark could not be objectionable under Section 3(3)(b), and there was no evidence filed on that point. Likewise, no evidence had been filed bearing on Section 3(4).
Comparison of the mark with the opponents' marks VALISERE, however, decided the matter in favour of the opponents under Section 5(2). The applicants' claim of honest concurrent use (Section 7) however, could not save the application in view of the opponents' objections.