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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEQUILA (Trade Mark: Opposition) [2001] UKIntelP o31501 (20 July 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o31501.html
Cite as: [2001] UKIntelP o31501
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TEQUILA (Trade Mark: Opposition) [2001] UKIntelP o31501 (20 July 2001)
For the whole decision click here: o31501
Trade mark decision
- BL Number
- O/315/01
- Decision date
- 20 July 2001
- Hearing officer
- Dr W J Trott
- Mark
- TEQUILA
- Classes
- 16, 35
- Applicant
- Groupe Tequila
- Opponent
- Tequilo Cuervo SA de CV
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(1)(d); 3(3)(b) & 5(4)(a)
Result
Section 3(1)(b): - Opposition failed.
Section 3(1)(c): - Opposition failed.
Section 3(1)(d): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- 1. "Class actions in passing off can succeed, but never has it been shown in cases where the goods are so far apart".
- 2. The words "of the trade" in Section 3(1)(d) qualify both "current language" and "bona fide and established practices".
Summary
The Hearing Officer dealt with the matter first under Section 5(4)(a). He considered, however, that the goods specified in the application were so far removed from the spirit, tequila, that in his view no misrepresentation would be possible. This ground failed accordingly. Under the absolute grounds of Section 3 the Hearing Officer found no valid objections.