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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TERRACHILE (Trade Mark: Opposition) [2003] UKIntelP o06303 (4 March 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o06303.html
Cite as: [2003] UKIntelP o06303, [2003] UKIntelP o6303
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TERRACHILE (Trade Mark: Opposition) [2003] UKIntelP o06303 (4 March 2003)
For the whole decision click here: o06303
Trade mark decision
- BL Number
- O/063/03
- Decision date
- 4 March 2003
- Hearing officer
- Mr G Salthouse
- Mark
- TERRACHILE
- Classes
- 33
- Applicant
- Thierry’s Wine Services Limited
- Opponent
- Inversiones Cousino-Macul SA
- Opposition
- Sections 3(1)(b); 3(1)(c); 5(2)(b) & 5(4)(a)
Result
Section 3(1)(b) - Opposition failed
Section 3(1)(c) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Comparison of the marks FINIS TERRAE v TERRACHILE.
Summary
The opponents were proprietors of the mark FINIS TERRAE, in Class 33.
The Hearing Officer dealt with the matter first under Section 5(2)(b). He noted that the goods were identical, but after considering the marks and all relevant factors, he came to the conclusion that there was no likelihood of confusion.
The opponents had not filed evidence of use or goodwill; the marks were not similar, he had found; therefore the Hearing Officer concluded that the opposition failed under Section 5(4)(a) also.
Under Sections 3(1)(b) and 3(1)(c) the Hearing Officer eventually concluded that consumers “faced with a bottle of wine called TERRACHILE (would) regard the name as a lexical invention within the meaning of the guidance in BABY-DRY, and view it as a trade mark”. These grounds failed accordingly.