BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

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

[New search] [Printable PDF version] [Help]

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.


About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010