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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SOUTHERN CREEK (Trade Mark: Opposition) [2003] UKIntelP o10503 (15 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o10503.html
Cite as: [2003] UKIntelP o10503

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SOUTHERN CREEK (Trade Mark: Opposition) [2003] UKIntelP o10503 (15 April 2003)

For the whole decision click here: o10503

Trade mark decision

BL Number
O/105/03
Decision date
15 April 2003
Hearing officer
Mr G Salthouse
Mark
SOUTHERN CREEK
Classes
33
Applicant
BRL Hardy Limited
Opponent
Metro Dienstleistungs-Holding GmbH
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed.

Points Of Interest

  • 1. Comparison of the marks CENTRAL CREEK v SOUTHERN CREEK

Summary

The opposition was based on the opponents’ registration of their mark CENTRAL CREEK, also in Class 33. The applicants contended that there were a large number of wine labels using the word CREEK. The opponents contended that there were none where geographical indicators (CENTRAL/SOUTHERN) were used in conjunction with the word CREEK.

Having taken all the relevant factors into account, according to the established tests, the Hearing Officer found no likelihood of confusion.


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