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United Kingdom Intellectual Property Office Decisions
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LAMBERT'S BAY (Trade Mark: Opposition) [2003] UKIntelP o13103 (12 May 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o13103.html
Cite as:
[2003] UKIntelP o13103
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LAMBERT'S BAY (Trade Mark: Opposition) [2003] UKIntelP o13103 (12 May 2003)
For the whole decision click here: o13103
Trade mark decision
- BL Number
- O/131/03
- Decision date
- 12 May 2003
- Hearing officer
- Mr D Landau
- Mark
- LAMBERT'S BAY
- Classes
- 25, 33, 42
- Applicants
- Scottish & Newcastle Plc
- Opponents
- Lambert GFA
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition partially successful.
Points Of Interest
-
Comparison of the goods in Class 33; alcoholic extracts and alcoholic essences not similar to wine and brandy.
Summary
The opposition was based on the opponents’ marks CHATEAU DE LAMBERT, DOMAINE DE LAMBERT and others, registered in respect of wine and brandy, in Class 33. The Hearing Officer, addressing first the similarity of the goods, considered that some were identical, some ‘highly similar,’ some similar and some not similar.
After comparing the marks the Hearing Officer came to the conclusion that there was a likelihood of confusion in respect of some of the Class 33 goods and he directed that that party of the specification should be reduced to “cocktails, alcoholic extracts and alcoholic essences.” In view of this partial success the Hearing Officer awarded an appropriate sum in costs to the opponents.