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United Kingdom Intellectual Property Office Decisions
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OTTO SANTI (Trade Mark: Opposition) [2002] UKIntelP o05102 (5 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o05102.html
Cite as:
[2002] UKIntelP o5102,
[2002] UKIntelP o05102
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OTTO SANTI (Trade Mark: Opposition) [2002] UKIntelP o05102 (5 February 2002)
For the whole decision click here: o05102
Trade mark decision
- BL Number
- O/051/02
- Decision date
- 5 February 2002
- Hearing officer
- Dr W J Trott
- Mark
- OTTO SANTI
- Classes
- 33
- Applicant
- Castelli Del Grevepesa Cantina Sociale Soc. Coop a.r.l
- Opponent
- Gruppo Italiano Vini SC a.r.l
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
Summary
The opposition was based on the opponents’ mark SANTI, registered in respect of wines, spirits and liqueurs in Class 33. The mark applied for had claimed honest concurrent use.
After reviewing the evidence of use filed by both sides the Hearing Officer described it as ‘modest’ and he concluded that in this case ‘absence of evidence of confusion is no evidence of absence of confusion’. After noting that the goods were identical, the Hearing Officer went on to compare the marks. In this he found that there existed a likelihood of confusion and the opposition succeeded accordingly.