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 >>
STALINSKAYA (Trade Mark: Opposition) [2003] UKIntelP o11703 (25 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o11703.html
Cite as:
[2003] UKIntelP o11703
[
New search]
[
Printable PDF version]
[
Help]
STALINSKAYA (Trade Mark: Opposition) [2003] UKIntelP o11703 (25 April 2003)
For the whole decision click here: o11703
Trade mark decision
- BL Number
- O/117/03
- Decision date
- 25 April 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- STALINSKAYA
- Classes
- 33
- Applicants
- S C Prodal 94 SRL
- Opponents
- Spirits International NV
- Opposition
- Sections 3(3)(b) & 5(2)(b)
Result
Section 3(3)(b) - No formal finding.
Section 5(2)(b)- Opposition successful.
Points Of Interest
-
Comparison of the marks STOLICHNAYA & device v STALINSKAYA & device.
Summary
The mark applied for was in the form of a vodka label. The opposition as filed was based on a number of vodka labels, STOLICHNAYA and MOSKOVSKAYA. In the event, the opponents relied solely on the STOLICHNAYA registrations.
The respective goods being identical the Hearing Officer turned to a comparison of the marks. In the result he concluded that there was a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly. He made no finding under Section 3(3)(b)