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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BONETTI / BENETTI (Trade Mark: Opposition) [2000] UKIntelP o15000 (27 April 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o15000.html
Cite as: [2000] UKIntelP o15000
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BONETTI / BENETTI (Trade Mark: Opposition) [2000] UKIntelP o15000 (27 April 2000)
For the whole decision click here: o15000
Trade mark decision
- BL Number
- O/150/00
- Decision date
- 27 April 2000
- Hearing officer
- Mr M Reynolds
- Mark
- BONETTI / BENETTI
- Classes
- 25
- Applicant
- Fashion Mark Ltd
- Opponent
- Deutsche Herrenwasche-Fabriken Dornbusch & Co GmbH
- Opposition
- Sections 5(6), 5(2)(b) and 5(4)(a)
Result
Section 5(2)(b) - Opposition sucessful
Section 3(6) & 5(4)(a) - Not decided
Points Of Interest
- None
Summary
Opposition based on opponent's registration of the mark BENETTI (stylised) in Class 25. Under Section 5(2)(b), the Hearing Officer took the view that the degree of stylisation of both marks was small, such that the average customer was likely to regard the words themselves as the distinguishing features. He found these words to be confusingly similar, both visually and aurally, particularly given that they differed only in the second letter, which was a relatively weak vowel, and that conceptually they would both be taken as foreign words, perhaps Italian surnames. Finding also that identical and/or similar goods were involved, he had no hesitation in finding a likelihood of confusion, and therefore upheld opposition on that ground. In respect of the other pleaded grounds, the Hearing Officer saw no need to consider these beyond saying he did not think they would offer the opponents any better basis for their opposition.