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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> R DE LUCCA RD VINO DE EL COLORADO (Trade Mark: Opposition) [2007] UKIntelP o03207 (30 January 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o03207.html
Cite as: [2007] UKIntelP o03207, [2007] UKIntelP o3207
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R DE LUCCA RD VINO DE EL COLORADO (Trade Mark: Opposition) [2007] UKIntelP o03207 (30 January 2007)
For the whole decision click here: o03207
Trade mark decision
- BL Number
- O/032/07
- Decision date
- 30 January 2007
- Hearing officer
- Mr D Landau
- Mark
- R DE LUCCA RD VINO DE EL COLORADO
- Classes
- 33
- Applicant
- Reinaldo De Lucca Galerato
- Opponent
- Western Wines Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(4)(a): Not decided.
Points Of Interest
- None
Summary
The opponent owned the mark DA LUCA registered in Class 33 in respect of identical and similar goods as those of the applicant. The opponent also filed details of use from 2003 up to the relevant date of February 2005. The user was of increasing significance but promotion was modest and the Hearing Officer concluded that the opponent’s mark did not have an enhanced reputation. He considered, however, that DA LUCA was a distinctive mark.
Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks. As regards the applicant’s mark the Hearing Officer decided that the prominent element was the R.De Lucca and it was this element which was compared with the opponent’s mark DA LUCCA. The Hearing Officer concluded that these elements were similar and went on to decide that overall the respective marks were confusingly similar. Opposition succeeded on this ground.
In view of the decision under Section 5(2)(b) the ground under Section 5(4)(a) not decided.