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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LE XV DU PRSIDENT (Trade Mark: Opposition) [2003] UKIntelP o30603 (13 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o30603.html
Cite as: [2003] UKIntelP o30603
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LE XV DU PRÉSIDENT (Trade Mark: Opposition) [2003] UKIntelP o30603 (13 October 2003)
For the whole decision click here: o30603
Trade mark decision
- BL Number
- O/306/03
- Decision date
- 13 October 2003
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- LE XV DU PRÉSIDENT
- Classes
- 33
- Applicants/Respondents
- Direct Wines Limited
- Opponents/Appellants
- BSA SA
- Appeal against the decision of the Registrar’s Hearing Officer in Opposition Proceedings
Result
Appeal dismissed
Points Of Interest
Summary
At first instance (see BL O/507/02) the Hearing Officer dismissed the opposition under Section 5(3) (the only ground cited). The opponents appealed to the Appointed Person.
Having reviewed the matter however the Appointed Person upheld the Hearing Officer's finding. The "necessary element of cross-pollination between the two strains of use was not demonstrated or apparent", he found.