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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> U.F.O (Trade Mark: Opposition) [2002] UKIntelP o36302 (3 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o36302.html
Cite as: [2002] UKIntelP o36302
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U.F.O (Trade Mark: Opposition) [2002] UKIntelP o36302 (3 September 2002)
For the whole decision click here: o36302
Trade mark decision
- BL Number
- O/363/02
- Decision date
- 3 September 2002
- Hearing officer
- Mr G Rose'Meyer
- Mark
- U.F.O
- Classes
- 33, 42
- Applicants
- Brasserie Fischer SA
- Opponents
- The Silver Spring Mineral Water Company Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition partially successful.
Points Of Interest
- 1. Comparison of the goods: some alcoholic beverages have (in trade) their non-alcoholic equivalents, but not all.
Summary
The opponents were proprietors of a registration of UFO in Class 32. The Hearing Officer had no doubt that these marks were similar, and went on to compare the goods/services. Whilst he was aware from his own knowledge and through Registry practice that some alcoholic drinks have their non-alcoholic equivalents, he did not believe that this was true of drinks such as the “bitter aperitifs, liqueurs, brandy and spirits” which were included in the applicants’ specification. The opposition succeeded in Class 33 in respect of the remainder of the specification. The opposition in Class 42 failed entirely.
The application was permitted to proceed subject to a reduction in the Class 33 specification.