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 >> MADARA ROCK (Trade Mark: Opposition) [2005] UKIntelP o21505 (29 July 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o21505.html
Cite as: [2005] UKIntelP o21505
[New search] [Printable PDF version] [Help]
MADARA ROCK (Trade Mark: Opposition) [2005] UKIntelP o21505 (29 July 2005)
For the whole decision click here: o21505
Trade mark decision
- BL Number
- O/215/05
- Decision date
- 29 July 2005
- Hearing officer
- Mr G Salthouse
- Mark
- MADARA ROCK
- Classes
- 33
- Applicant
- Winez Limited
- Opponent
- Instituto Do Vinho Da Madeira
- Opposition
- Sections 5(2)(b); 5(3); 5(4)(a) & 56
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Section 56: - Opposition failed.
Points Of Interest
- 1. Comparison of the marks, MADEIRA v MADARA ROCK.
Summary
The opponent brought the opposition on the basis of its certification mark MADEIRA in Class 33. As the goods were identical the Hearing Officer turned first to a comparison of the marks for his deliberations under Section 5(2)(b). The opponent had referred him to a decision of the CFI (Second Chamber) in Case T-129/01, Jose Alejandro, SL v OHIM, in which the marks BUD and BUDMEN had been found to be similar. The Hearing Officer, however, found that that case was not on all fours with the instant case. In the result, he found the marks not to be similar and the Section 5(2)(b) failed accordingly.
This absence of a likelihood of confusion, together with the fact that the application in suit was limited to wines "the produce of Bulgaria", meant that misrepresentation would not occur and hence the objection under Section 5(4)(a) also failed, as did the objection under Section 56.