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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FERRUCCI (Trade Mark: Opposition) [2002] UKIntelP o07802 (18 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o07802.html
Cite as: [2002] UKIntelP o07802, [2002] UKIntelP o7802
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FERRUCCI (Trade Mark: Opposition) [2002] UKIntelP o07802 (18 February 2002)
For the whole decision click here: o07802
Trade mark decision
- BL Number
- O/078/02
- Decision date
- 18 February 2002
- Hearing officer
- Mr D Landau
- Mark
- FERRUCCI
- Classes
- 25
- Applicant
- A Sobti
- Opponent
- Edwin Co Ltd
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- None
Summary
The opponents opposition was based on its ownership of a number of registrations of its mark FIORUCCI in Class 25 in respect of identical goods to those of the applicant.
Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks FIORUCCI and FERRUCCI. In comparing the marks the Hearing Officer considered them to be phonetically very similar and that conceptually they would be likely to be seen as Italian surnames. Taking imperfect recollection into account the Hearing Officer concluded that the respective marks were confusingly similar and that the opponents succeeded in their opposition.
With regard to costs, the Hearing Officer made an award to the opponents from the high end of the official scale, because the applicant had asked for a hearing, thereby forcing the opponents to attend, and had then indicated at the last moment that he would not be attending.