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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> JEAN P ROGER (Trade Mark: Opposition) [2003] UKIntelP o15303 (6 June 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o15303.html
Cite as: [2003] UKIntelP o15303
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JEAN P ROGER (Trade Mark: Opposition) [2003] UKIntelP o15303 (6 June 2003)
For the whole decision click here: o15303
Trade mark decision
- BL Number
- O/153/03
- Decision date
- 6 June 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- JEAN P ROGER
- Classes
- 33
- Applicant
- Dhamecha Foods Limited
- Opponent
- Pol Roger & Cie SA
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful.
Section 5(4)(a) - No finding.
Points Of Interest
- 1. Comparison of the marks, POL ROGER v JEAN P ROGER.
Summary
The opposition was based on the applicants’ own use and registration in Classes 32, 33 & 42 of their mark POL ROGER.
The Hearing Officer noted the opponents’ reputation in the mark POL ROGER in relation to champagne and the fact that the applicants’ goods were identical with those in the opponents’ Class 33 registrations. He went on to compare marks. These, he decided were similar conceptually, visually and aurally and he found a likelihood of confusion.
He made no finding under Section 5(4)(a).