For the whole decision click here: o19300
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
The opponents based their opposition under Section 5(2)(b) on the ownership and use of their registered mark FREIXENET CORDON NEGRO . The Hearing Officer noted from the evidence that CORDON is not unique to the opponents and went on to compare the respective marks PARNAS CORDON BLANCO and FLEIXENET CORDON NEGRO - the goods at issue being sparkling wines. Comparing the marks as wholes the Hearing Officer concluded that the respective marks were not confusingly similar.
Under Section 5(4)(a) - Passing Off - The opponents claimed a goodwill in the CORDON NEGRO element of their registered mark but the Hearing Officer found that the goodwill was in the whole mark as registered together with the use of a black bottle, for their wines. In view of his finding under Section 5(2)(b) when comparing the respective marks, the Hearing Officer concluded that the opponents also failed on this ground.