British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
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
[New search] [Printable PDF version] [Help]
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.