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United Kingdom Intellectual Property Office Decisions
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PARADISE BAY (Trade Mark: Opposition) [2007] UKIntelP o05107 (19 February 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o05107.html
Cite as:
[2007] UKIntelP o5107,
[2007] UKIntelP o05107
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PARADISE BAY (Trade Mark: Opposition) [2007] UKIntelP o05107 (19 February 2007)
For the whole decision click here: o05107
Trade mark decision
- BL Number
- O/051/07
- Decision date
- 19 February 2007
- Hearing officer
- Mr M Foley
- Mark
- PARADISE BAY
- Classes
- 33
- Applicants
- Continental Wine & Food Limited
- Opponents
- Société Jas Hennessy & Co
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
-
1. Comparison of the marks LE PARADIS v PARADISE BAY.
-
2. Comparison of the goods; fortified wines and brandy, similar.
Summary
The application was in respect of “fortified wines’. The opposition was based on the opponents’ registered mark LE PARADIS which they claimed to have used in respect of ‘brandy’. The evidence of use of this mark, proof of which they were put to, the Hearing Officer found to be ‘thin to say the least’. Nevertheless, having reviewed it the Hearing Officer concluded that there had been a trade in respect of cognac and that this had been genuine commercial activity.
Having compared the marks, however, the Hearing Officer found them to be not similar. The goods, fortified wines and brandy, he found to be similar. On a global assessment however he found no likelihood of confusion and the opposition failed accordingly.