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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POMTINI (Trade Mark: Invalidity) [2007] UKIntelP o11907 (3 May 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o11907.html
Cite as: [2007] UKIntelP o11907
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POMTINI (Trade Mark: Invalidity) [2007] UKIntelP o11907 (3 May 2007)
For the whole decision click here: o11907
Trade mark decision
- BL Number
- O/119/07
- Decision date
- 3 May 2007
- Hearing officer
- Mr D Landau
- Mark
- POMTINI
- Classes
- 32, 33
- Registered Proprietor
- Beverage Brands (UK (Limited)
- Applicants for a declaration of invalidity
- PomWonderful LLC
- Application for Invalidation
- Sections 47(2)(a) (citing Section 5(2)(b)) and 47(2)(b) (citing Section 5(4)(a))
Result
Application for invalidation, Section 47(2)(a) (citing Section 5(2)(b): Failed. Application for invalidation, Section 47(2)(b) (citing Section 5(4)(a): Failed.
Points Of Interest
- Comparison of the marks POM WONDERFUL v POMTINI
Summary
The application was based on registrations of the mark POM WONDERFUL and use of the name POMTINI in respect of a cocktail, devised and registered in the USA.
After dealing first with the question of the material date in these proceedings the Hearing Officer turned to the ground under Section 5(4)(a). Having examined the evidence, however, he concluded that the applicants had not demonstrated a goodwill in the sign POMTINI at the material date. The claim under Section 5(4)(a) failed, therefore.
After a detailed consideration of the matter under Section 5(2)(b) the Hearing Officer concluded that the differences between the respective marks were too great for there to be a likelihood of confusion. The application for invalidation therefore failed under both grounds on which it had been brought.