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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CROSSKA (Trade Mark: Opposition) [2005] UKIntelP o01605 (13 January 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o01605.html
Cite as: [2005] UKIntelP o1605, [2005] UKIntelP o01605
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CROSSKA (Trade Mark: Opposition) [2005] UKIntelP o01605 (13 January 2005)
For the whole decision click here: o01605
Trade mark decision
- BL Number
- O/016/05
- Decision date
- 13 January 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- CROSSKA
- Classes
- 33
- Applicant
- DIWISA Distillerie Willisau SA
- Opponent
- Brasserie Fischer
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
- 1. None
Summary
The specification of this application in Class 33 reads "Alcoholic beverages (except beer)".
The opponent owns a registration for the mark KRISKA in Class 32 in respect of "Beers".
Under Section 5(2)(b) the Hearing Officer compared the respective goods and concluded that "beers" are similar goods to "spirits, wines, ciders etc" because outlets for such goods are likely to be specialists such as public houses and off-licences. Also the respective goods are for a similar purpose and in competition with each other.
In comparing the respective marks CROSSKA and KRISKA the Hearing Officer noted that they are not visually similar because CROS and KRIS are easily distinguishable by the eye. However, phonetically they are very close and imperfect recollection could well play a part. Overall the Hearing Officer decided that in view of the nature of trade in these goods and the close similarity of the marks, that confusion of the public was likely. Opposition thus succeeded.