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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SERGIO (Trade Mark: Opposition) [2000] UKIntelP o32100 (29 August 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o32100.html
Cite as: [2000] UKIntelP o32100
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SERGIO (Trade Mark: Opposition) [2000] UKIntelP o32100 (29 August 2000)
For the whole decision click here: o32100
Trade mark decision
- BL Number
- O/321/00
- Decision date
- 29 August 2000
- Hearing officer
- Mr M Reynolds
- Mark
- SERGIO
- Classes
- 25
- Applicant
- Mazetti Clothing Company Limited
- Opponent
- Sandys S.p.A.
- Opposition
- Sections 5(2)(b), 5(4)(a) and 3(6)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- (i) Review of differences between this case and the LAURA v LAURA ASHLEY case (Appointed Person : SRIS O/430/99).
- (ii) Review of evidence in support of claim of honest concurrent use. Registry practice : Notice in TM Journal 6171 16 April 97.
Summary
The opponents have a registration of the mark SERGIO TACCHINI in Class 25. The application had been accepted on the basis of honest concurrent use. The Section 3(6) ground was dismissed; no supporting evidence. The Hearing Officer, however, found that there was a likelihood of confusion, after distinguishing this case from LAURA trade mark, (an appeal to the Appointed Person, unreported but to be found under SRIS references 0/430/99, 5 November 99). No finding necessary under Section 5(4)(a).